{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1903.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1903.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1903.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1903.html"}],"law_id":59512,"edition_id":1,"section_id":59512,"structure_id":12953,"section_number":"63.2-1903","catch_line":"Authority to issue certain orders; civil penalty","history":"1985, c. 488, \u00a7 63.1-250.1; 1986, c. 594; 1988, cc. 906, 907; 1989, c. 599; 1990, c. 836; 1991, cc. 651, 694; 1992, c. 716; 1994, cc. 729, 767; 1995, c. 595; 1996, cc. 491, 882, 925, 948; 1997, cc. 440, 467, 794, 796, 895, 898; 2002, cc. 747, 844; 2007, c. 600; 2009, cc. 125, 713; 2016, c. 29; 2020, c. 722; 2021, Sp. Sess. I, c. 206.","full_text":"A\n\nIn the absence of a court order, the Department shall have the authority to issue orders directing the payment of child and child and spousal support and, if available at reasonable cost as defined in § 63.2-1900, to require a provision for health care coverage, including Department-sponsored health care coverage, or cash medical support, or both, for dependent children of the parents, which shall include the requirements specified for employers pursuant to subdivision B 5 of § 20-79.3. The Department shall have the authority to make available Department-sponsored health care coverage for children receiving child support services from the Department. If it appears that the gross income of the custodial parent of the dependent child is equal to or less than 200 percent of the federal poverty level promulgated by the U.S. Department of Health and Human Services from time to time, the Department shall refer the dependent child to the Family Access to Medical Insurance Security plan pursuant to § 32.1-351. However, prior to referring the dependent child to the Family Access to Medical Insurance Security plan, the Department shall confirm that neither parent has access to health care coverage at a reasonable cost for the dependent child. If a child is enrolled in Department-sponsored health care coverage, the Department shall collect the cost of the coverage pursuant to subsection E of § 20-108.2.\n\t\t\tIn ordering the payment of child support, the Department shall set such support at the amount resulting from computation pursuant to the guideline set out in § 20-108.2, subject to the provisions of § 63.2-1918.B\n\nWhen a payee no longer has physical custody of a child, the Department shall have the authority to redirect child support payments to a custodial parent who has physical custody of the child when an assignment of rights has been made to the Department or an application for services has been made by such custodial parent with the Division of Child Support Enforcement.C\n\nThe Department shall have the authority, upon notice from the Department of Medical Assistance Services, to use any existing enforcement mechanisms provided by this chapter to collect the wages, salary, or other employment income or to withhold amounts from state tax refunds of any obligor who has not used payments received from a third party to reimburse, as appropriate, either the other parent of such child or the provider of such services, to the extent necessary to reimburse the Department of Medical Assistance Services.D\n\nThe Department may order the obligor and payee to notify each other or the Department upon request of current gross income as defined in § 20-108.2 and any other pertinent information that may affect child support amounts. For good cause shown, the Department may order that such information be provided to the Department and made available to the parties for inspection in lieu of the parties’ providing such information directly to each other. The Department shall record the social security number of each party or control number issued to a party by the Department of Motor Vehicles pursuant to § 46.2-342 in the Department’s file of the case.E\n\nThe Department shall develop procedures governing the method and timing of periodic review and adjustment of child support orders established or enforced or both pursuant to Title IV-D of the Social Security Act, as amended. If there is an assignment under Title IV-A of the Social Security Act or at the request of either parent subject to the order, the Department shall initiate a review of such order every three years without requiring proof or showing of a change in circumstances and shall initiate appropriate action to adjust such order in accordance with the provisions of § 20-108.2 and subject to the provisions of § 63.2-1918.F\n\nIn order to provide essential information for whatever establishment or enforcement actions are necessary for the collection of child support, the Commissioner, the Director of the Division of Child Support Enforcement, and district managers of Division of Child Support Enforcement offices shall have the right to (i) subpoena financial records of, or other information relating to, the noncustodial parent and obligee from any person, firm, corporation, association, or political subdivision or department of the Commonwealth and (ii) summons the noncustodial parent and obligee to appear in the Division’s offices. The Commissioner, Director, and district managers may also subpoena copies of state and federal income tax returns. The district managers shall be trained in the correct use of the subpoena process prior to exercising subpoena authority. A civil penalty not to exceed $1,000 may be assessed by the Commissioner for a failure to respond to a subpoena issued pursuant to this subsection.G\n\nIn the absence of a court order, the Department may establish an administrative support order on an out-of-state obligor pursuant to subdivision A 8 or 9 of § 8.01-328.1 or § 20-88.35. The Department may also take action to enforce an administrative or court order on an out-of-state obligor. Service of such actions shall be in accordance with the provisions of § 8.01-296, 8.01-327 or 8.01-329 or by certified mail, return receipt requested, or electronic means in accordance with § 63.2-1917.H\n\nIf a support order has been issued in another state but the obligor, the obligee, and the child now live in the Commonwealth, the Department may (i) enforce the order without registration, using all enforcement remedies available under this chapter, and (ii) register the order in the appropriate tribunal of the Commonwealth for enforcement or modification.","order_by":null,"text":{"0":{"id":218036,"text":"In the absence of a court order, the Department shall have the authority to issue orders directing the payment of child and child and spousal support and, if available at reasonable cost as defined in § 63.2-1900, to require a provision for health care coverage, including Department-sponsored health care coverage, or cash medical support, or both, for dependent children of the parents, which shall include the requirements specified for employers pursuant to subdivision B 5 of § 20-79.3. The Department shall have the authority to make available Department-sponsored health care coverage for children receiving child support services from the Department. If it appears that the gross income of the custodial parent of the dependent child is equal to or less than 200 percent of the federal poverty level promulgated by the U.S. Department of Health and Human Services from time to time, the Department shall refer the dependent child to the Family Access to Medical Insurance Security plan pursuant to § 32.1-351. However, prior to referring the dependent child to the Family Access to Medical Insurance Security plan, the Department shall confirm that neither parent has access to health care coverage at a reasonable cost for the dependent child. If a child is enrolled in Department-sponsored health care coverage, the Department shall collect the cost of the coverage pursuant to subsection E of § 20-108.2.\n\t\t\tIn ordering the payment of child support, the Department shall set such support at the amount resulting from computation pursuant to the guideline set out in § 20-108.2, subject to the provisions of § 63.2-1918.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218037,"text":"When a payee no longer has physical custody of a child, the Department shall have the authority to redirect child support payments to a custodial parent who has physical custody of the child when an assignment of rights has been made to the Department or an application for services has been made by such custodial parent with the Division of Child Support Enforcement.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":218038,"text":"The Department shall have the authority, upon notice from the Department of Medical Assistance Services, to use any existing enforcement mechanisms provided by this chapter to collect the wages, salary, or other employment income or to withhold amounts from state tax refunds of any obligor who has not used payments received from a third party to reimburse, as appropriate, either the other parent of such child or the provider of such services, to the extent necessary to reimburse the Department of Medical Assistance Services.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":218039,"text":"The Department may order the obligor and payee to notify each other or the Department upon request of current gross income as defined in § 20-108.2 and any other pertinent information that may affect child support amounts. For good cause shown, the Department may order that such information be provided to the Department and made available to the parties for inspection in lieu of the parties’ providing such information directly to each other. The Department shall record the social security number of each party or control number issued to a party by the Department of Motor Vehicles pursuant to § 46.2-342 in the Department’s file of the case.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":218040,"text":"The Department shall develop procedures governing the method and timing of periodic review and adjustment of child support orders established or enforced or both pursuant to Title IV-D of the Social Security Act, as amended. If there is an assignment under Title IV-A of the Social Security Act or at the request of either parent subject to the order, the Department shall initiate a review of such order every three years without requiring proof or showing of a change in circumstances and shall initiate appropriate action to adjust such order in accordance with the provisions of § 20-108.2 and subject to the provisions of § 63.2-1918.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":218041,"text":"In order to provide essential information for whatever establishment or enforcement actions are necessary for the collection of child support, the Commissioner, the Director of the Division of Child Support Enforcement, and district managers of Division of Child Support Enforcement offices shall have the right to (i) subpoena financial records of, or other information relating to, the noncustodial parent and obligee from any person, firm, corporation, association, or political subdivision or department of the Commonwealth and (ii) summons the noncustodial parent and obligee to appear in the Division’s offices. The Commissioner, Director, and district managers may also subpoena copies of state and federal income tax returns. The district managers shall be trained in the correct use of the subpoena process prior to exercising subpoena authority. A civil penalty not to exceed $1,000 may be assessed by the Commissioner for a failure to respond to a subpoena issued pursuant to this subsection.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":218042,"text":"In the absence of a court order, the Department may establish an administrative support order on an out-of-state obligor pursuant to subdivision A 8 or 9 of § 8.01-328.1 or § 20-88.35. The Department may also take action to enforce an administrative or court order on an out-of-state obligor. Service of such actions shall be in accordance with the provisions of § 8.01-296, 8.01-327 or 8.01-329 or by certified mail, return receipt requested, or electronic means in accordance with § 63.2-1917.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":218043,"text":"If a support order has been issued in another state but the obligor, the obligee, and the child now live in the Commonwealth, the Department may (i) enforce the order without registration, using all enforcement remedies available under this chapter, and (ii) register the order in the appropriate tribunal of the Commonwealth for enforcement or modification.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":12953,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12835,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":272435,"object_type":"structure","relational_id":12953,"identifier":"1","token":"63.2\/V\/19\/1","url":"\/63.2\/V\/19\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12835,"edition_id":1,"name":"Child Support Enforcement","identifier":"19","label":"chapter","depth":3,"order_by":1,"parent_id":12834,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":272433,"object_type":"structure","relational_id":12835,"identifier":"19","token":"63.2\/V\/19","url":"\/63.2\/V\/19\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12834,"edition_id":1,"name":"Administrative Child Support","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":272431,"object_type":"structure","relational_id":12834,"identifier":"V","token":"63.2\/V","url":"\/63.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54048,"structure_id":12953,"section_number":"63.2-1900","catch_line":"Definitions","url":"\/63.2-1900\/","token":"63.2\/V\/19\/1\/63.2-1900","metadata":false},{"id":75830,"structure_id":12953,"section_number":"63.2-1901","catch_line":"Purpose of chapter; powers and duties of the Department","url":"\/63.2-1901\/","token":"63.2\/V\/19\/1\/63.2-1901","metadata":false},{"id":60563,"structure_id":12953,"section_number":"63.2-1902","catch_line":"Central unit for information and administration; request and receipt of information from other entities and agencies; disclosure of such information","url":"\/63.2-1902\/","token":"63.2\/V\/19\/1\/63.2-1902","metadata":false},{"id":59512,"structure_id":12953,"section_number":"63.2-1903","catch_line":"Authority to issue certain orders; civil penalty","url":"\/63.2-1903\/","token":"63.2\/V\/19\/1\/63.2-1903","metadata":false},{"id":55360,"structure_id":12953,"section_number":"63.2-1904","catch_line":"Administrative support remedies available for individuals not receiving public assistance; fees","url":"\/63.2-1904\/","token":"63.2\/V\/19\/1\/63.2-1904","metadata":false},{"id":66816,"structure_id":12953,"section_number":"63.2-1905","catch_line":"Establishment of State Case Registry","url":"\/63.2-1905\/","token":"63.2\/V\/19\/1\/63.2-1905","metadata":false},{"id":87428,"structure_id":12953,"section_number":"63.2-1906","catch_line":"Department may disclose information to Internal Revenue Services","url":"\/63.2-1906\/","token":"63.2\/V\/19\/1\/63.2-1906","metadata":false},{"id":71535,"structure_id":12953,"section_number":"63.2-1907","catch_line":"Child support enforcement; private contracts","url":"\/63.2-1907\/","token":"63.2\/V\/19\/1\/63.2-1907","metadata":false}],"previous_section":{"id":60563,"structure_id":12953,"section_number":"63.2-1902","catch_line":"Central unit for information and administration; request and receipt of information from other entities and agencies; disclosure of such information","url":"\/63.2-1902\/","token":"63.2\/V\/19\/1\/63.2-1902","metadata":false},"next_section":{"id":55360,"structure_id":12953,"section_number":"63.2-1904","catch_line":"Administrative support remedies available for individuals not receiving public assistance; fees","url":"\/63.2-1904\/","token":"63.2\/V\/19\/1\/63.2-1904","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1903\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 488 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 15 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 1986, chapter 594; in 1988, chapters 906 and 907; in 1989, chapter 599; in 1990, chapter 836; in 1991, chapters 651 and 694; in 1992, chapter 716; in 1994, chapters 729<\/a> and 767<\/a>; in 1995, chapter 595<\/a>; in 1996, chapters 491<\/a>, 882<\/a>, 925<\/a>, and 948<\/a>; in 1997, chapters 440<\/a>, 467<\/a>, 794<\/a>, 796<\/a>, 895<\/a>, and 898<\/a>; in 2002, chapters 747<\/a> and 844<\/a>; in 2007, chapter 600<\/a>; in 2009, chapters 125<\/a> and 713<\/a>; in 2016, chapter 29<\/a>; in 2020, chapter 722<\/a>.<\/p>","references":[{"id":59354,"section_number":"63.2-1913","catch_line":"Administrative establishment of paternity","order_by":null,"url":"\/63.2-1913\/"},{"id":58910,"section_number":"63.2-1916","catch_line":"Notice of administrative support order; contents; hearing; modification","order_by":null,"url":"\/63.2-1916\/"}],"refers_to":[{"id":78437,"section_number":"20-108.2","catch_line":"Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary","order_by":null,"url":"\/20-108.2\/"},{"id":77212,"section_number":"20-79.3","catch_line":"Information required in income deduction order","order_by":null,"url":"\/20-79.3\/"},{"id":65936,"section_number":"20-88.35","catch_line":"Bases for jurisdiction over nonresident","order_by":null,"url":"\/20-88.35\/"},{"id":86147,"section_number":"32.1-351","catch_line":"Family Access to Medical Insurance Security Plan established","order_by":null,"url":"\/32.1-351\/"},{"id":79681,"section_number":"46.2-342","catch_line":"What license to contain; organ donor information; Uniform Donor Document","order_by":null,"url":"\/46.2-342\/"},{"id":54048,"section_number":"63.2-1900","catch_line":"Definitions","order_by":null,"url":"\/63.2-1900\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"},{"id":83256,"section_number":"8.01-327","catch_line":"Acceptance of service of process","order_by":null,"url":"\/8.01-327\/"},{"id":58110,"section_number":"8.01-328.1","catch_line":"When personal jurisdiction over person may be exercised","order_by":null,"url":"\/8.01-328.1\/"},{"id":64837,"section_number":"8.01-329","catch_line":"Service of process or notice; service on Secretary of Commonwealth","order_by":null,"url":"\/8.01-329\/"}],"permalink":{"id":272449,"object_type":"law","relational_id":59512,"identifier":"63.2-1903","token":"63.2\/V\/19\/1\/63.2-1903","url":"\/63.2-1903\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1903\/","token":"63.2\/V\/19\/1\/63.2-1903","dublin_core":{"Title":"Authority to issue certain orders; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1903","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In the absence of a court order<\/span>, the Department shall have the authority to issue<\/span> orders<\/span> directing the payment of child and child and spousal support and, if available at reasonable cost<\/span> as defined in § 63.2-1900<\/a>, to require a provision for health care coverage<\/span>, including Department-sponsored health care coverage<\/span><\/span>, or cash medical support<\/span>, or both, for dependent children of the parents, which shall include the requirements specified for employers<\/span> pursuant to subdivision B 5 of § 20-79.3<\/a>. The Department shall have the authority to make available Department-sponsored health care coverage<\/span><\/span> for children receiving child support services<\/span> from the Department. If it appears that the gross income<\/span> of the custodial parent<\/span> of the dependent child<\/span> is equal to or less than 200 percent of the federal poverty level promulgated by the U.S. Department of Health and Human Services<\/span> from time to time, the Department shall refer the dependent child<\/span> to the Family Access to Medical Insurance Security plan pursuant to § 32.1-351<\/a>. However, prior to referring the dependent child<\/span> to the Family Access to Medical Insurance Security plan, the Department shall confirm that neither parent has access to health care coverage<\/span> at a reasonable cost<\/span> for the dependent child<\/span>. If a child is enrolled in Department-sponsored health care coverage<\/span><\/span>, the Department shall collect the cost of the coverage pursuant to subsection E of § 20-108.2<\/a>.\n\t\t\tIn ordering the payment of child support, the Department shall set such support at the amount resulting from computation pursuant to the guideline set out in § 20-108.2<\/a>, subject to the provisions of § 63.2-1918<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When a payee<\/span> no longer has physical custody<\/span> of a child, the Department shall have the authority to redirect child support payments to a custodial parent<\/span> who has physical custody<\/span> of the child when an assignment of rights<\/span> has been made to the Department or an application for services has been made by such custodial parent<\/span> with the Division of Child Support Enforcement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department shall have the authority, upon notice from the Department of Medical Assistance Services, to use any existing enforcement mechanisms provided by this chapter to collect the wages, salary, or other employment<\/span> income<\/span> or to withhold amounts from state tax refunds of any obligor<\/span> who has not used payments received from a third party<\/span> to reimburse, as appropriate, either the other parent of such child or the provider of such services, to the extent necessary to reimburse the Department of Medical Assistance Services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department may order the obligor<\/span> and payee<\/span> to notify each other or the Department upon request of current gross income<\/span> as defined in § 20-108.2<\/a> and any other pertinent information that may affect child support amounts. For good cause shown, the Department may order that such information be provided to the Department and made available to the parties for inspection in lieu of the parties’ providing such information directly to each other. The Department shall record the social security number of each party<\/span> or control number issued to a party<\/span> by the Department of Motor Vehicles pursuant to § 46.2-342<\/a> in the Department’s file of the case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Department shall develop procedures governing the method and timing of periodic review and adjustment of child support orders<\/span> established or enforced or both pursuant to Title IV-D of the Social Security Act, as amended. If there is an assignment under Title IV-A of the Social Security Act or at the request of either parent subject to the order, the Department shall initiate a review of such order every three years without requiring proof or showing of a change in circumstances and shall initiate appropriate action to adjust such order in accordance with the provisions of § 20-108.2<\/a> and subject to the provisions of § 63.2-1918<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In order to provide essential information for whatever establishment or enforcement actions are necessary for the collection of child support, the Commissioner<\/span>, the Director of the Division of Child Support Enforcement, and district managers of Division of Child Support Enforcement offices shall have the right to (i) subpoena<\/span> financial records of, or other information relating to, the noncustodial parent<\/span> and obligee<\/span> from any person, firm, corporation, association, or political subdivision or department of the Commonwealth and (ii) summons<\/span> the noncustodial parent<\/span> and obligee<\/span> to appear in the Division’s offices. The Commissioner<\/span>, Director, and district managers may also subpoena<\/span> copies of state and federal income<\/span> tax returns. The district managers shall be trained in the correct use of the subpoena<\/span> process prior to exercising subpoena<\/span> authority. A civil penalty<\/span> not to exceed $1,000 may be assessed by the Commissioner<\/span> for a failure to respond to a subpoena<\/span> issued pursuant to this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In the absence of a court order<\/span>, the Department may establish an administrative support order<\/span> on an out-of-state obligor<\/span> pursuant to subdivision A 8 or 9 of § 8.01-328.1<\/a> or § 20-88.35<\/a>. The Department may also take action to enforce an administrative or court order<\/span> on an out-of-state obligor<\/span>. Service of such actions shall be in accordance with the provisions of § 8.01-296<\/a>, 8.01-327<\/a> or 8.01-329<\/a> or by certified mail, return receipt requested, or electronic means<\/span> in accordance with § 63.2-1917<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If a support order has been issued in another state but the obligor<\/span>, the obligee<\/span>, and the child now live in the Commonwealth, the Department may (i) enforce the order without registration, using all enforcement remedies available under this chapter, and (ii) register the order in the appropriate tribunal of the Commonwealth for enforcement or modification. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY TO ISSUE CERTAIN ORDERS; CIVIL PENALTY (\u00a7 63.2-1903)\n\nA. In the absence of a court order, the Department shall have the authority to\nissue orders directing the payment of child and child and spousal support and,\nif available at reasonable cost as defined in § 63.2-1900, to require a\nprovision for health care coverage, including Department-sponsored health care\ncoverage, or cash medical support, or both, for dependent children of the\nparents, which shall include the requirements specified for employers pursuant\nto subdivision B 5 of § 20-79.3. The Department shall have the authority to\nmake available Department-sponsored health care coverage for children receiving\nchild support services from the Department. If it appears that the gross income\nof the custodial parent of the dependent child is equal to or less than 200\npercent of the federal poverty level promulgated by the U.S. Department of\nHealth and Human Services from time to time, the Department shall refer the\ndependent child to the Family Access to Medical Insurance Security plan pursuant\nto § 32.1-351. However, prior to referring the dependent child to the\nFamily Access to Medical Insurance Security plan, the Department shall confirm\nthat neither parent has access to health care coverage at a reasonable cost for\nthe dependent child. If a child is enrolled in Department-sponsored health care\ncoverage, the Department shall collect the cost of the coverage pursuant to\nsubsection E of § 20-108.2.\n\t\t\tIn ordering the payment of child support, the Department shall set such\nsupport at the amount resulting from computation pursuant to the guideline set\nout in § 20-108.2, subject to the provisions of § 63.2-1918.\n\nB. When a payee no longer has physical custody of a child, the Department shall\nhave the authority to redirect child support payments to a custodial parent who\nhas physical custody of the child when an assignment of rights has been made to\nthe Department or an application for services has been made by such custodial\nparent with the Division of Child Support Enforcement.\n\nC. The Department shall have the authority, upon notice from the Department of\nMedical Assistance Services, to use any existing enforcement mechanisms provided\nby this chapter to collect the wages, salary, or other employment income or to\nwithhold amounts from state tax refunds of any obligor who has not used payments\nreceived from a third party to reimburse, as appropriate, either the other\nparent of such child or the provider of such services, to the extent necessary\nto reimburse the Department of Medical Assistance Services.\n\nD. The Department may order the obligor and payee to notify each other or the\nDepartment upon request of current gross income as defined in § 20-108.2\nand any other pertinent information that may affect child support amounts. For\ngood cause shown, the Department may order that such information be provided to\nthe Department and made available to the parties for inspection in lieu of the\nparties’ providing such information directly to each other. The Department\nshall record the social security number of each party or control number issued\nto a party by the Department of Motor Vehicles pursuant to § 46.2-342 in\nthe Department’s file of the case.\n\nE. The Department shall develop procedures governing the method and timing of\nperiodic review and adjustment of child support orders established or enforced\nor both pursuant to Title IV-D of the Social Security Act, as amended. If there\nis an assignment under Title IV-A of the Social Security Act or at the request\nof either parent subject to the order, the Department shall initiate a review of\nsuch order every three years without requiring proof or showing of a change in\ncircumstances and shall initiate appropriate action to adjust such order in\naccordance with the provisions of § 20-108.2 and subject to the provisions\nof § 63.2-1918.\n\nF. In order to provide essential information for whatever establishment or\nenforcement actions are necessary for the collection of child support, the\nCommissioner, the Director of the Division of Child Support Enforcement, and\ndistrict managers of Division of Child Support Enforcement offices shall have\nthe right to (i) subpoena financial records of, or other information relating\nto, the noncustodial parent and obligee from any person, firm, corporation,\nassociation, or political subdivision or department of the Commonwealth and (ii)\nsummons the noncustodial parent and obligee to appear in the Division’s\noffices. The Commissioner, Director, and district managers may also subpoena\ncopies of state and federal income tax returns. The district managers shall be\ntrained in the correct use of the subpoena process prior to exercising subpoena\nauthority. A civil penalty not to exceed $1,000 may be assessed by the\nCommissioner for a failure to respond to a subpoena issued pursuant to this\nsubsection.\n\nG. In the absence of a court order, the Department may establish an\nadministrative support order on an out-of-state obligor pursuant to subdivision\nA 8 or 9 of § 8.01-328.1 or § 20-88.35. The Department may also take\naction to enforce an administrative or court order on an out-of-state obligor.\nService of such actions shall be in accordance with the provisions of §\n8.01-296, 8.01-327 or 8.01-329 or by certified mail, return receipt requested,\nor electronic means in accordance with § 63.2-1917.\n\nH. If a support order has been issued in another state but the obligor, the\nobligee, and the child now live in the Commonwealth, the Department may (i)\nenforce the order without registration, using all enforcement remedies available\nunder this chapter, and (ii) register the order in the appropriate tribunal of\nthe Commonwealth for enforcement or modification.\n\nHISTORY: 1985, c. 488, \u00a7 63.1-250.1; 1986, c. 594; 1988, cc. 906, 907; 1989, c.\n599; 1990, c. 836; 1991, cc. 651, 694; 1992, c. 716; 1994, cc. 729, 767; 1995,\nc. 595; 1996, cc. 491, 882, 925, 948; 1997, cc. 440, 467, 794, 796, 895, 898;\n2002, cc. 747, 844; 2007, c. 600; 2009, cc. 125, 713; 2016, c. 29; 2020, c. 722;\n2021, Sp. Sess. I, c. 206.","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}}