{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1908.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1908.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1908.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1908.html"}],"law_id":72515,"edition_id":1,"section_id":72515,"structure_id":16151,"section_number":"63.2-1908","catch_line":"Payment of public assistance for child or custodial parent constitutes debt to Department by noncustodial parents; limitations; Department subrogated to rights","history":"1974, c. 413, \u00a7 63.1-251; 1975, c. 596; 1976, c. 357; 1977, cc. 538, 662; 1985, c. 488; 1988, c. 907; 1992, c. 716; 1993, cc. 534, 602; 1995, c. 450; 2002, c. 747; 2020, c. 550.","full_text":"Any payment of public assistance money made to or for the benefit of any dependent child or children or their custodial parent creates a debt due and owing to the Department by the person or persons who are responsible for support of such children or custodial parent in an amount equal to the amount of public assistance money so paid. Where there has been a court order for support, final decree of divorce ordering support, or administrative order under the provisions of this chapter for support, the debt shall be limited to the amount of such order or decree. The Commissioner, pursuant to \u00a7 63.2-1922, shall establish the debt in an amount determined to be consistent with a noncustodial parent’s ability to pay. The Department shall have the right to petition the appropriate court for modification of a court order on the same grounds as either party to such cause.\n\t\tThe Department shall be subrogated to the right of such child or children or custodial parent to prosecute or maintain any support action or execute any administrative remedy existing under the laws of the Commonwealth to obtain reimbursement of moneys thus expended and may collect on behalf of any such child, children or custodial parent any amount contained in any court order of support or any administrative order of support regardless of whether or not the amount of such orders exceeds the amount of public assistance paid. Any support paid in excess of the total amount of public assistance paid shall be returned to the custodial parent by the Department. If a court order for support or final decree of divorce ordering support enters judgment for an amount of support to be paid by such noncustodial parent, the Department shall be subrogated to the debt created by such order, and said money judgment shall be deemed to be in favor of the Department. In any judicial proceeding brought by an attorney on behalf of the Department pursuant to this section to enforce a support obligation in which the Department prevails, attorney’s fees shall be assessed pursuant to \u00a7 63.2-1960.\n\t\tThe Department shall have the authority to pursue establishment and enforcement actions against the person responsible for support after the closure of the public assistance case unless the custodial parent notifies the Department in writing that child support enforcement services are no longer desired.\n\t\tDebt created by an administrative support order under this section shall not be incurred by nor at any time be collected from a noncustodial parent who is the recipient of public assistance moneys for the benefit of minor dependent children for the period such person or persons are in such status. Recipients of federal supplemental security income shall not be subject to the establishment of an administrative support order while they receive benefits from that source.","order_by":null,"text":{"0":{"id":261131,"text":"Any payment of public assistance money made to or for the benefit of any dependent child or children or their custodial parent creates a debt due and owing to the Department by the person or persons who are responsible for support of such children or custodial parent in an amount equal to the amount of public assistance money so paid. Where there has been a court order for support, final decree of divorce ordering support, or administrative order under the provisions of this chapter for support, the debt shall be limited to the amount of such order or decree. The Commissioner, pursuant to \u00a7 63.2-1922, shall establish the debt in an amount determined to be consistent with a noncustodial parent’s ability to pay. The Department shall have the right to petition the appropriate court for modification of a court order on the same grounds as either party to such cause.\n\t\tThe Department shall be subrogated to the right of such child or children or custodial parent to prosecute or maintain any support action or execute any administrative remedy existing under the laws of the Commonwealth to obtain reimbursement of moneys thus expended and may collect on behalf of any such child, children or custodial parent any amount contained in any court order of support or any administrative order of support regardless of whether or not the amount of such orders exceeds the amount of public assistance paid. Any support paid in excess of the total amount of public assistance paid shall be returned to the custodial parent by the Department. If a court order for support or final decree of divorce ordering support enters judgment for an amount of support to be paid by such noncustodial parent, the Department shall be subrogated to the debt created by such order, and said money judgment shall be deemed to be in favor of the Department. In any judicial proceeding brought by an attorney on behalf of the Department pursuant to this section to enforce a support obligation in which the Department prevails, attorney’s fees shall be assessed pursuant to \u00a7 63.2-1960.\n\t\tThe Department shall have the authority to pursue establishment and enforcement actions against the person responsible for support after the closure of the public assistance case unless the custodial parent notifies the Department in writing that child support enforcement services are no longer desired.\n\t\tDebt created by an administrative support order under this section shall not be incurred by nor at any time be collected from a noncustodial parent who is the recipient of public assistance moneys for the benefit of minor dependent children for the period such person or persons are in such status. Recipients of federal supplemental security income shall not be subject to the establishment of an administrative support order while they receive benefits from that source.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16151,"edition_id":1,"name":"Public Assistance","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12835,"metadata":{},"date_created":"2026-06-26 04:07:31","date_modified":"2026-06-26 04:07:31","permalink":{"id":272515,"object_type":"structure","relational_id":16151,"identifier":"2","token":"63.2\/V\/19\/2","url":"\/63.2\/V\/19\/2\/","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":72515,"structure_id":16151,"section_number":"63.2-1908","catch_line":"Payment of public assistance for child or custodial parent constitutes debt to Department by noncustodial parents; limitations; Department subrogated to rights","url":"\/63.2-1908\/","token":"63.2\/V\/19\/2\/63.2-1908","metadata":false},{"id":64711,"structure_id":16151,"section_number":"63.2-1908.1","catch_line":"Arrears compromise program","url":"\/63.2-1908.1\/","token":"63.2\/V\/19\/2\/63.2-1908.1","metadata":false},{"id":86035,"structure_id":16151,"section_number":"63.2-1909","catch_line":"Receipt of public assistance for child as assignment of right in support obligation; Commissioner as attorney for endorsing drafts","url":"\/63.2-1909\/","token":"63.2\/V\/19\/2\/63.2-1909","metadata":false},{"id":85197,"structure_id":16151,"section_number":"63.2-1910","catch_line":"Payment of foster care expenditures for child constitutes debt to local department by noncustodial parents; limitations; local department subrogated to rights","url":"\/63.2-1910\/","token":"63.2\/V\/19\/2\/63.2-1910","metadata":false},{"id":82204,"structure_id":16151,"section_number":"63.2-1911","catch_line":"Duty of local departments to enforce support; referral to Department","url":"\/63.2-1911\/","token":"63.2\/V\/19\/2\/63.2-1911","metadata":false},{"id":64165,"structure_id":16151,"section_number":"63.2-1912","catch_line":"Minor noncustodial parents whose child receives TANF; child support obligations","url":"\/63.2-1912\/","token":"63.2\/V\/19\/2\/63.2-1912","metadata":false}],"next_section":{"id":64711,"structure_id":16151,"section_number":"63.2-1908.1","catch_line":"Arrears compromise program","url":"\/63.2-1908.1\/","token":"63.2\/V\/19\/2\/63.2-1908.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1908\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 413 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 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 10 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 1975, chapter 596; in 1976, chapter 357; in 1977, chapters 538 and 662; in 1985, chapter 488; in 1988, chapter 907; in 1992, chapter 716; in 1993, chapters 534 and 602; in 1995, chapter 450<\/a>; in 2002, chapter 747<\/a>; in 2020, chapter 550<\/a>.<\/p>","references":[{"id":58663,"section_number":"20-79.2","catch_line":"Immediate income deduction; income withholding","order_by":null,"url":"\/20-79.2\/"},{"id":64512,"section_number":"63.2-1958","catch_line":"Charging off support debts as uncollectible","order_by":null,"url":"\/63.2-1958\/"}],"refers_to":[{"id":57853,"section_number":"63.2-1922","catch_line":"Commissioner may set amount of debt accrued where no court order or final divorce decree","order_by":null,"url":"\/63.2-1922\/"},{"id":73482,"section_number":"63.2-1960","catch_line":"Recovery of certain fees and costs","order_by":null,"url":"\/63.2-1960\/"}],"permalink":{"id":272517,"object_type":"law","relational_id":72515,"identifier":"63.2-1908","token":"63.2\/V\/19\/2\/63.2-1908","url":"\/63.2-1908\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1908\/","token":"63.2\/V\/19\/2\/63.2-1908","dublin_core":{"Title":"Payment of public assistance for child or custodial parent constitutes debt to Department by noncustodial parents; limitations; Department subrogated to rights","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1908","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any payment of public assistance<\/span> money made to or for the benefit of any dependent child<\/span> or children or their custodial parent<\/span> creates a debt<\/span> due and owing to the Department<\/span> by the person or persons who are responsible for support of such children or custodial parent<\/span> in an amount equal to the amount of public assistance<\/span> money so paid. Where there has been a court order<\/span> for support, final decree<\/span> of divorce ordering support, or administrative order<\/span> under the provisions of this chapter for support, the debt<\/span> shall be limited to the amount of such order or decree<\/span>. The Commissioner<\/span>, pursuant to \u00a7 63.2-1922<\/a>, shall establish the debt<\/span> in an amount determined to be consistent with a noncustodial parent<\/span>’s ability to pay. The Department<\/span> shall have the right to petition<\/span> the appropriate court for modification of a court order<\/span> on the same grounds as either party<\/span> to such cause.\n\t\tThe Department<\/span> shall be subrogated to the right of such child or children or custodial parent<\/span> to prosecute<\/span> or maintain any support action or execute any administrative remedy existing under the laws<\/span> of the Commonwealth to obtain reimbursement of moneys thus expended and may collect on behalf of any such child, children or custodial parent<\/span> any amount contained in any court order<\/span> of support or any administrative order<\/span> of support regardless of whether or not the amount of such orders<\/span> exceeds the amount of public assistance<\/span> paid. Any support paid in excess of the total amount of public assistance<\/span> paid shall be returned to the custodial parent<\/span> by the Department<\/span>. If a court order<\/span> for support or final decree<\/span> of divorce ordering support enters judgment<\/span> for an amount of support to be paid by such noncustodial parent<\/span>, the Department<\/span> shall be subrogated to the debt<\/span> created by such order, and said money judgment<\/span> shall be deemed to be in favor of the Department<\/span>. In any judicial proceeding brought by an attorney on behalf of the Department<\/span> pursuant to this section to enforce a support obligation in which the Department<\/span> prevails, attorney’s fees shall be assessed pursuant to \u00a7 63.2-1960<\/a>.\n\t\tThe Department<\/span> shall have the authority to pursue establishment and enforcement actions against the person responsible for support after the closure of the public assistance<\/span> case unless the custodial parent<\/span> notifies the Department<\/span> in writing that child support enforcement services are no longer desired.\n\t\tDebt<\/span> created by an administrative support order<\/span> under this section shall not be incurred by nor at any time be collected from a noncustodial parent<\/span> who is the recipient of public assistance<\/span> moneys for the benefit of minor<\/span> dependent children for the period such person or persons are in such status. Recipients of federal supplemental security income<\/span> shall not be subject to the establishment of an administrative support order<\/span> while they receive benefits from that source.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPAYMENT OF PUBLIC ASSISTANCE FOR CHILD OR CUSTODIAL PARENT CONSTITUTES DEBT TO\nDEPARTMENT BY NONCUSTODIAL PARENTS; LIMITATIONS; DEPARTMENT SUBROGATED TO RIGHTS\n(\u00a7 63.2-1908)\n\nAny payment of public assistance money made to or for the benefit of any\ndependent child or children or their custodial parent creates a debt due and\nowing to the Department by the person or persons who are responsible for support\nof such children or custodial parent in an amount equal to the amount of public\nassistance money so paid. Where there has been a court order for support, final\ndecree of divorce ordering support, or administrative order under the provisions\nof this chapter for support, the debt shall be limited to the amount of such\norder or decree. The Commissioner, pursuant to \u00a7 63.2-1922, shall establish the\ndebt in an amount determined to be consistent with a noncustodial parent’s\nability to pay. The Department shall have the right to petition the appropriate\ncourt for modification of a court order on the same grounds as either party to\nsuch cause.\n\t\tThe Department shall be subrogated to the right of such child or children or\ncustodial parent to prosecute or maintain any support action or execute any\nadministrative remedy existing under the laws of the Commonwealth to obtain\nreimbursement of moneys thus expended and may collect on behalf of any such\nchild, children or custodial parent any amount contained in any court order of\nsupport or any administrative order of support regardless of whether or not the\namount of such orders exceeds the amount of public assistance paid. Any support\npaid in excess of the total amount of public assistance paid shall be returned\nto the custodial parent by the Department. If a court order for support or final\ndecree of divorce ordering support enters judgment for an amount of support to\nbe paid by such noncustodial parent, the Department shall be subrogated to the\ndebt created by such order, and said money judgment shall be deemed to be in\nfavor of the Department. In any judicial proceeding brought by an attorney on\nbehalf of the Department pursuant to this section to enforce a support\nobligation in which the Department prevails, attorney’s fees shall be\nassessed pursuant to \u00a7 63.2-1960.\n\t\tThe Department shall have the authority to pursue establishment and\nenforcement actions against the person responsible for support after the closure\nof the public assistance case unless the custodial parent notifies the\nDepartment in writing that child support enforcement services are no longer\ndesired.\n\t\tDebt created by an administrative support order under this section shall not\nbe incurred by nor at any time be collected from a noncustodial parent who is\nthe recipient of public assistance moneys for the benefit of minor dependent\nchildren for the period such person or persons are in such status. Recipients of\nfederal supplemental security income shall not be subject to the establishment\nof an administrative support order while they receive benefits from that source.\n\nHISTORY: 1974, c. 413, \u00a7 63.1-251; 1975, c. 596; 1976, c. 357; 1977, cc. 538,\n662; 1985, c. 488; 1988, c. 907; 1992, c. 716; 1993, cc. 534, 602; 1995, c. 450;\n2002, c. 747; 2020, c. 550.","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}}