CODE OF VIRGINIA

RECOVERY OF CERTAIN FEES AND COSTS (§ 63.2-1960)

The Department shall have the authority to assess and recover from the
noncustodial parent in proceedings to enforce child support obligations against
the noncustodial parent, reasonable attorneys’ fees. All such fees
recovered in proceedings to collect child support arrearages shall be retained
by the Department in a special fund for the support of the Division of Support
Enforcement. The Department shall also have the authority to assess and recover
costs in such cases. However, the Department shall not be entitled to recover
attorneys’ fees or costs in any case in which the noncustodial parent
prevails.The Department shall have the authority to assess and recover the
actual costs of genetic testing against the noncustodial parent if paternity is
established. Where an original test is contested and additional testing is
requested, the Department may require advance payment by the contestant. The
genetic testing costs shall be set at the rate charged the Department by the
provider of genetic testing services.The Department shall have the authority to
assess and recover the actual costs of intercept programs from the noncustodial
parent. The intercept programs’ costs shall be set at the rate actually
charged the Department.The Department shall have the authority to assess and
recover the actual costs of fees for service of process, and seizure and sale
pursuant to a levy on a judgment in enforcement actions from the noncustodial
parent.The fees and costs that may be recovered pursuant to this section may be
collected using any mechanism provided by this chapter.

HISTORY: 1991, c. 390, § 63.1-274.10; 1996, cc. 746, 1054; 1997, cc. 792, 896;
2002, c. 747; 2005, c. 880.