{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-718.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-718.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-718.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-718.html"}],"law_id":80343,"edition_id":1,"section_id":80343,"structure_id":13547,"section_number":"37.2-718","catch_line":"Order to compel payment of expenses","history":"Code 1950, \u00a7\u00a7 37-125.6, 37-125.8 to 37-125.12; 1950, p. 918; 1962, c. 80; 1968, c. 477, \u00a7\u00a7 37.1-110 to 37.1-115; 1972, cc. 382, 590; 1976, c. 671; 1978, c. 482; 1979, c. 669; 1982, c. 50; 1987, c. 137; 1990, c. 927; 1997, c. 801; 2005, cc. 716, 935; 2012, cc. 476, 507.","full_text":"A\n\nWhen any individual receiving services or his guardian, conservator, trustee, or other person liable for his expenses fails to pay those expenses and it appears from investigation that the individual, his guardian, conservator, trustee, or other person liable for his support is able or has sufficient estate to pay the expenses, the Department shall petition the appropriate court having jurisdiction over the estate of the individual or the court for the county or city in which the individual resides or from which he was admitted to a state facility for an order to compel payment of the expenses by the person liable therefor. In any case in which a person liable for the support of the individual is being proceeded against, the petition shall be directed to the appropriate court of the county or city in which the person liable for the support of the individual resides.B\n\nThe individual receiving services and his estate shall first be liable for the payment of his expenses and thereafter, the person liable for the support of the individual. Such person shall be the father, mother, husband, wife, or child of the individual who has attained the age of majority. Multiple persons shall be jointly and severally liable. The Department shall collect part or all of the expenses from the several sources as appears proper under the circumstances and may proceed against all sources, except that the principal or income or both from a trust created for the benefit of the individual shall be liable for payment only as provided in Article 5 (§ 64.2-742 et seq.) of the Uniform Trust Code. In evaluating the circumstances, the Department may consider any events related to the admission of the individual for treatment or training that have affected the person liable, such as the infliction of serious injury by the individual on the person who is liable. The proceedings for the collection of expenses shall conform to the procedure for collection of debts due the Commonwealth.C\n\nNotice of any hearing on the petition of the Department for an order to compel payment of expenses shall be served at least 15 days prior to the hearing and in the manner provided for the service of civil process on the individual receiving services and, if there is one, on his guardian, conservator, or trustee, on the other person legally responsible for the individual’s support, or on the person against whom the proceedings are instituted.D\n\nAt the hearing, the court shall hear the allegations and proofs of the parties and shall by order require full or partial payment of maintenance by the liable parties, if they have sufficient ability, having due regard for the financial condition and estate of the individual receiving services or any other person liable for his expenses, his present and future needs, and the present and future needs of his lawful dependents, if the proceeding is to charge the individual or any other person liable with such expenses.E\n\nUpon application of any interested party and upon like notice and procedure, the court may at any time modify an order to compel payment of expenses. If the application is made by any party other than the Department, the notice shall be served on the Commissioner.F\n\nAny party aggrieved by an order or by the judgment of the court may appeal therefrom in the manner provided by law.G\n\nAny order or judgment rendered by the court hereunder shall have the same force and effect and shall be enforceable in the same manner and form as any judgment recovered in favor of the Commonwealth.","order_by":null,"text":{"0":{"id":287793,"text":"When any individual receiving services or his guardian, conservator, trustee, or other person liable for his expenses fails to pay those expenses and it appears from investigation that the individual, his guardian, conservator, trustee, or other person liable for his support is able or has sufficient estate to pay the expenses, the Department shall petition the appropriate court having jurisdiction over the estate of the individual or the court for the county or city in which the individual resides or from which he was admitted to a state facility for an order to compel payment of the expenses by the person liable therefor. In any case in which a person liable for the support of the individual is being proceeded against, the petition shall be directed to the appropriate court of the county or city in which the person liable for the support of the individual resides.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":287794,"text":"The individual receiving services and his estate shall first be liable for the payment of his expenses and thereafter, the person liable for the support of the individual. Such person shall be the father, mother, husband, wife, or child of the individual who has attained the age of majority. Multiple persons shall be jointly and severally liable. The Department shall collect part or all of the expenses from the several sources as appears proper under the circumstances and may proceed against all sources, except that the principal or income or both from a trust created for the benefit of the individual shall be liable for payment only as provided in Article 5 (§ 64.2-742 et seq.) of the Uniform Trust Code. In evaluating the circumstances, the Department may consider any events related to the admission of the individual for treatment or training that have affected the person liable, such as the infliction of serious injury by the individual on the person who is liable. The proceedings for the collection of expenses shall conform to the procedure for collection of debts due the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":287795,"text":"Notice of any hearing on the petition of the Department for an order to compel payment of expenses shall be served at least 15 days prior to the hearing and in the manner provided for the service of civil process on the individual receiving services and, if there is one, on his guardian, conservator, or trustee, on the other person legally responsible for the individual’s support, or on the person against whom the proceedings are instituted.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":287796,"text":"At the hearing, the court shall hear the allegations and proofs of the parties and shall by order require full or partial payment of maintenance by the liable parties, if they have sufficient ability, having due regard for the financial condition and estate of the individual receiving services or any other person liable for his expenses, his present and future needs, and the present and future needs of his lawful dependents, if the proceeding is to charge the individual or any other person liable with such expenses.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":287797,"text":"Upon application of any interested party and upon like notice and procedure, the court may at any time modify an order to compel payment of expenses. If the application is made by any party other than the Department, the notice shall be served on the Commissioner.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":287798,"text":"Any party aggrieved by an order or by the judgment of the court may appeal therefrom in the manner provided by law.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":287799,"text":"Any order or judgment rendered by the court hereunder shall have the same force and effect and shall be enforceable in the same manner and form as any judgment recovered in favor of the Commonwealth.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13547,"edition_id":1,"name":"Expenses of Care, Treatment or Training, and Maintenance","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13088,"metadata":{},"date_created":"2026-06-26 03:45:11","date_modified":"2026-06-26 03:45:11","permalink":{"id":210225,"object_type":"structure","relational_id":13547,"identifier":"2","token":"37.2\/II\/7\/2","url":"\/37.2\/II\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13088,"edition_id":1,"name":"State Facilities","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":13087,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210153,"object_type":"structure","relational_id":13088,"identifier":"7","token":"37.2\/II\/7","url":"\/37.2\/II\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13087,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210023,"object_type":"structure","relational_id":13087,"identifier":"II","token":"37.2\/II","url":"\/37.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54512,"structure_id":13547,"section_number":"37.2-715","catch_line":"Who liable for expenses; amount","url":"\/37.2-715\/","token":"37.2\/II\/7\/2\/37.2-715","metadata":false},{"id":76751,"structure_id":13547,"section_number":"37.2-716","catch_line":"Behavioral Health and Developmental Services Revenue Fund","url":"\/37.2-716\/","token":"37.2\/II\/7\/2\/37.2-716","metadata":false},{"id":62149,"structure_id":13547,"section_number":"37.2-717","catch_line":"Department to investigate financial ability to pay expenses; assessments and contracts by Department","url":"\/37.2-717\/","token":"37.2\/II\/7\/2\/37.2-717","metadata":false},{"id":80343,"structure_id":13547,"section_number":"37.2-718","catch_line":"Order to compel payment of expenses","url":"\/37.2-718\/","token":"37.2\/II\/7\/2\/37.2-718","metadata":false},{"id":76873,"structure_id":13547,"section_number":"37.2-719","catch_line":"Statement forms to be completed by the person liable for support of an individual receiving services","url":"\/37.2-719\/","token":"37.2\/II\/7\/2\/37.2-719","metadata":false},{"id":63671,"structure_id":13547,"section_number":"37.2-720","catch_line":"When collection of expenses not required","url":"\/37.2-720\/","token":"37.2\/II\/7\/2\/37.2-720","metadata":false},{"id":62490,"structure_id":13547,"section_number":"37.2-721","catch_line":"Liability of estate of the individual receiving services","url":"\/37.2-721\/","token":"37.2\/II\/7\/2\/37.2-721","metadata":false}],"previous_section":{"id":62149,"structure_id":13547,"section_number":"37.2-717","catch_line":"Department to investigate financial ability to pay expenses; assessments and contracts by Department","url":"\/37.2-717\/","token":"37.2\/II\/7\/2\/37.2-717","metadata":false},"next_section":{"id":76873,"structure_id":13547,"section_number":"37.2-719","catch_line":"Statement forms to be completed by the person liable for support of an individual receiving services","url":"\/37.2-719\/","token":"37.2\/II\/7\/2\/37.2-719","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-718\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 80; in 1968, chapter 477; in 1972, chapters 382 and 590; in 1976, chapter 671; in 1978, chapter 482; in 1979, chapter 669; in 1982, chapter 50; in 1987, chapter 137; in 1990, chapter 927; in 1997, chapter 801<\/a>; in 2005, chapters 716<\/a> and 935<\/a>; in 2012, chapters 476<\/a> and 507<\/a>.<\/p>","references":false,"refers_to":[{"id":56108,"section_number":"64.2-742","catch_line":"Rights of beneficiary's creditor or assignee","order_by":null,"url":"\/64.2-742\/"}],"permalink":{"id":210239,"object_type":"law","relational_id":80343,"identifier":"37.2-718","token":"37.2\/II\/7\/2\/37.2-718","url":"\/37.2-718\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-718\/","token":"37.2\/II\/7\/2\/37.2-718","dublin_core":{"Title":"Order to compel payment of expenses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-718","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When any individual receiving services<\/span> or his guardian, conservator, trustee, or other person liable for his expenses fails to pay those expenses and it appears from investigation that the individual, his guardian, conservator, trustee, or other person liable for his support is able or has sufficient estate to pay the expenses, the Department<\/span> shall petition<\/span> the appropriate court<\/span> having jurisdiction<\/span> over the estate of the individual or the court<\/span> for the county or city in which the individual resides or from which he was admitted to a state<\/span> facility<\/span> for an order<\/span> to compel payment of the expenses by the person liable therefor. In any case in which a person liable for the support of the individual is being proceeded against, the petition<\/span> shall be directed to the appropriate court<\/span> of the county or city in which the person liable for the support of the individual resides. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The individual receiving services<\/span> and his estate shall first be liable for the payment of his expenses and thereafter, the person liable for the support of the individual. Such person shall be the father, mother, husband, wife, or child of the individual who has attained the age of majority. Multiple persons shall be jointly and severally liable. The Department<\/span> shall collect part or all of the expenses from the several sources as appears proper under the circumstances and may proceed against all sources, except that the principal or income or both from a trust created for the benefit of the individual shall be liable for payment only as provided in Article 5 (§ 64.2-742<\/a> et seq.) of the Uniform Trust Code. In evaluating the circumstances, the Department<\/span> may consider any events related to the admission of the individual for treatment or training that have affected the person liable, such as the infliction of serious injury by the individual on the person who is liable. The proceedings for the collection of expenses shall conform to the procedure for collection of debts due the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notice of any hearing<\/span> on the petition<\/span> of the Department<\/span> for an order<\/span> to compel payment of expenses shall be served at least 15 days prior to the hearing<\/span> and in the manner provided for the service of civil process on the individual receiving services<\/span> and, if there is one, on his guardian, conservator, or trustee, on the other person legally responsible for the individual’s support, or on the person against whom the proceedings are instituted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At the hearing<\/span>, the court<\/span> shall hear the allegations<\/span> and proofs of the parties and shall by order<\/span> require full or partial payment of maintenance by the liable parties, if they have sufficient ability, having due regard for the financial condition and estate of the individual receiving services<\/span> or any other person liable for his expenses, his present and future needs, and the present and future needs of his lawful dependents, if the proceeding is to charge the individual or any other person liable with such expenses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon application of any interested party<\/span> and upon like notice and procedure, the court<\/span> may at any time modify an order<\/span> to compel payment of expenses. If the application is made by any party<\/span> other than the Department<\/span>, the notice shall be served on the Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any party<\/span> aggrieved by an order<\/span> or by the judgment<\/span> of the court<\/span> may appeal<\/span> therefrom in the manner provided by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any order<\/span> or judgment<\/span> rendered by the court<\/span> hereunder shall have the same force and effect and shall be enforceable in the same manner and form as any judgment<\/span> recovered in favor of the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nORDER TO COMPEL PAYMENT OF EXPENSES (\u00a7 37.2-718)\n\nA. When any individual receiving services or his guardian, conservator, trustee,\nor other person liable for his expenses fails to pay those expenses and it\nappears from investigation that the individual, his guardian, conservator,\ntrustee, or other person liable for his support is able or has sufficient estate\nto pay the expenses, the Department shall petition the appropriate court having\njurisdiction over the estate of the individual or the court for the county or\ncity in which the individual resides or from which he was admitted to a state\nfacility for an order to compel payment of the expenses by the person liable\ntherefor. In any case in which a person liable for the support of the individual\nis being proceeded against, the petition shall be directed to the appropriate\ncourt of the county or city in which the person liable for the support of the\nindividual resides.\n\nB. The individual receiving services and his estate shall first be liable for\nthe payment of his expenses and thereafter, the person liable for the support of\nthe individual. Such person shall be the father, mother, husband, wife, or child\nof the individual who has attained the age of majority. Multiple persons shall\nbe jointly and severally liable. The Department shall collect part or all of the\nexpenses from the several sources as appears proper under the circumstances and\nmay proceed against all sources, except that the principal or income or both\nfrom a trust created for the benefit of the individual shall be liable for\npayment only as provided in Article 5 (§ 64.2-742 et seq.) of the Uniform\nTrust Code. In evaluating the circumstances, the Department may consider any\nevents related to the admission of the individual for treatment or training that\nhave affected the person liable, such as the infliction of serious injury by the\nindividual on the person who is liable. The proceedings for the collection of\nexpenses shall conform to the procedure for collection of debts due the\nCommonwealth.\n\nC. Notice of any hearing on the petition of the Department for an order to\ncompel payment of expenses shall be served at least 15 days prior to the hearing\nand in the manner provided for the service of civil process on the individual\nreceiving services and, if there is one, on his guardian, conservator, or\ntrustee, on the other person legally responsible for the individual’s\nsupport, or on the person against whom the proceedings are instituted.\n\nD. At the hearing, the court shall hear the allegations and proofs of the\nparties and shall by order require full or partial payment of maintenance by the\nliable parties, if they have sufficient ability, having due regard for the\nfinancial condition and estate of the individual receiving services or any other\nperson liable for his expenses, his present and future needs, and the present\nand future needs of his lawful dependents, if the proceeding is to charge the\nindividual or any other person liable with such expenses.\n\nE. Upon application of any interested party and upon like notice and procedure,\nthe court may at any time modify an order to compel payment of expenses. If the\napplication is made by any party other than the Department, the notice shall be\nserved on the Commissioner.\n\nF. Any party aggrieved by an order or by the judgment of the court may appeal\ntherefrom in the manner provided by law.\n\nG. Any order or judgment rendered by the court hereunder shall have the same\nforce and effect and shall be enforceable in the same manner and form as any\njudgment recovered in favor of the Commonwealth.\n\nHISTORY: Code 1950, \u00a7\u00a7 37-125.6, 37-125.8 to 37-125.12; 1950, p. 918; 1962, c.\n80; 1968, c. 477, \u00a7\u00a7 37.1-110 to 37.1-115; 1972, cc. 382, 590; 1976, c. 671;\n1978, c. 482; 1979, c. 669; 1982, c. 50; 1987, c. 137; 1990, c. 927; 1997, c.\n801; 2005, cc. 716, 935; 2012, cc. 476, 507.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}