{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1910.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1910.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1910.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1910.html"}],"law_id":85197,"edition_id":1,"section_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","history":"1995, c. 817, \u00a7 63.1-251.3; 2002, c. 747.","full_text":"Any payment by a local department or public agency designated by a community policy and management team for room, board, and social services for a child in the custody of, or placed with, the local department or public agency designated by the community policy and management team, creates a debt due and owing to the local department or public agency by the persons responsible for support of such child in an amount equal to the amount paid by the local department or designated public agency and shall be assessable by the local department or designated public agency. However, where there has been a court order for support, final decree of divorce ordering support, or administrative order for support, the debt shall be limited to the amount of such order or decree. The Commissioner, pursuant to \u00a7 63.2-1922, or the court, pursuant to \u00a7 16.1-290, shall establish the debt in an amount determined to be consistent with the noncustodial parent’s ability to pay. The Department, local department, or designated public agency 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 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 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 total amount paid by the local department or designated public agency. Any support paid in excess of the total amount shall be maintained in an account at the local department or designated public agency on behalf of the child. Any funds remaining in the account at the time that the child leaves foster care shall be paid either to the new legal guardian or to the child if he has been emancipated. 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 the 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 persons responsible for support after the local department or designated public agency no longer has custody of the child or responsibility for foster care placement.\n\t\tDebts created by an administrative support order under this section shall not be incurred by nor at any time collected from a noncustodial parent who is the recipient of public assistance for the benefit of minor dependent children for the period such person is 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":305339,"text":"Any payment by a local department or public agency designated by a community policy and management team for room, board, and social services for a child in the custody of, or placed with, the local department or public agency designated by the community policy and management team, creates a debt due and owing to the local department or public agency by the persons responsible for support of such child in an amount equal to the amount paid by the local department or designated public agency and shall be assessable by the local department or designated public agency. However, where there has been a court order for support, final decree of divorce ordering support, or administrative order for support, the debt shall be limited to the amount of such order or decree. The Commissioner, pursuant to \u00a7 63.2-1922, or the court, pursuant to \u00a7 16.1-290, shall establish the debt in an amount determined to be consistent with the noncustodial parent’s ability to pay. The Department, local department, or designated public agency 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 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 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 total amount paid by the local department or designated public agency. Any support paid in excess of the total amount shall be maintained in an account at the local department or designated public agency on behalf of the child. Any funds remaining in the account at the time that the child leaves foster care shall be paid either to the new legal guardian or to the child if he has been emancipated. 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 the 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 persons responsible for support after the local department or designated public agency no longer has custody of the child or responsibility for foster care placement.\n\t\tDebts created by an administrative support order under this section shall not be incurred by nor at any time collected from a noncustodial parent who is the recipient of public assistance for the benefit of minor dependent children for the period such person is 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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1910\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapter 817<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2002, chapter 747<\/a>.<\/p>","references":[{"id":65314,"section_number":"16.1-290","catch_line":"Support of committed juvenile; support from estate of juvenile","order_by":null,"url":"\/16.1-290\/"}],"refers_to":[{"id":65314,"section_number":"16.1-290","catch_line":"Support of committed juvenile; support from estate of juvenile","order_by":null,"url":"\/16.1-290\/"},{"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":272529,"object_type":"law","relational_id":85197,"identifier":"63.2-1910","token":"63.2\/V\/19\/2\/63.2-1910","url":"\/63.2-1910\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1910\/","token":"63.2\/V\/19\/2\/63.2-1910","dublin_core":{"Title":"Payment of foster care expenditures for child constitutes debt to local department by noncustodial parents; limitations; local department subrogated to rights","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1910","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any payment by a local department<\/span> or public agency designated by a community policy and management team for room, board<\/span>, and social services<\/span> for a child<\/span> in the custody<\/span> of, or placed with, the local department<\/span> or public agency designated by the community policy and management team, creates a debt<\/span> due and owing to the local department<\/span> or public agency by the persons responsible for support of such child<\/span> in an amount equal to the amount paid by the local department<\/span> or designated public agency and shall be assessable by the local department<\/span> or designated public agency. However, where there has been a court order<\/span> for support, final decree<\/span> of divorce ordering support, or administrative order<\/span> 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>, or the court, pursuant to \u00a7 16.1-290<\/a>, shall establish the debt<\/span> in an amount determined to be consistent with the noncustodial parent<\/span>’s ability to pay. The Department, local department<\/span>, or designated public agency 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 shall be subrogated to the right of such child<\/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<\/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 total amount paid by the local department<\/span> or designated public agency. Any support paid in excess of the total amount shall be maintained in an account at the local department<\/span> or designated public agency on behalf of the child<\/span>. Any funds remaining in the account at the time that the child<\/span> leaves foster care shall be paid either to the new legal guardian or to the child<\/span> if he has been emancipated. 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 shall be subrogated to the debt<\/span> created by such order, and the money judgment<\/span> 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<\/a>.\n\t\tThe Department shall have the authority to pursue establishment and enforcement actions against the persons responsible for support after the local department<\/span> or designated public agency no longer has custody<\/span> of the child<\/span> or responsibility for foster care placement<\/span>.\n\t\tDebts<\/span> created by an administrative support order<\/span> under this section shall not be incurred by nor at any time collected from a noncustodial parent<\/span> who is the recipient of public assistance<\/span> for the benefit of minor<\/span> dependent children for the period such person is 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 FOSTER CARE EXPENDITURES FOR CHILD CONSTITUTES DEBT TO LOCAL\nDEPARTMENT BY NONCUSTODIAL PARENTS; LIMITATIONS; LOCAL DEPARTMENT SUBROGATED TO\nRIGHTS (\u00a7 63.2-1910)\n\nAny payment by a local department or public agency designated by a community\npolicy and management team for room, board, and social services for a child in\nthe custody of, or placed with, the local department or public agency designated\nby the community policy and management team, creates a debt due and owing to the\nlocal department or public agency by the persons responsible for support of such\nchild in an amount equal to the amount paid by the local department or\ndesignated public agency and shall be assessable by the local department or\ndesignated public agency. However, where there has been a court order for\nsupport, final decree of divorce ordering support, or administrative order for\nsupport, the debt shall be limited to the amount of such order or decree. The\nCommissioner, pursuant to \u00a7 63.2-1922, or the court, pursuant to \u00a7 16.1-290,\nshall establish the debt in an amount determined to be consistent with the\nnoncustodial parent’s ability to pay. The Department, local department, or\ndesignated public agency shall have the right to petition the appropriate court\nfor modification of a court order on the same grounds as either party to such\ncause.\n\t\tThe Department shall be subrogated to the right of such child to prosecute or\nmaintain any support action or execute any administrative remedy existing under\nthe laws of the Commonwealth to obtain reimbursement of moneys thus expended,\nand may collect on behalf of any such child any amount contained in any court\norder of support or any administrative order of support regardless of whether or\nnot the amount of such orders exceeds the total amount paid by the local\ndepartment or designated public agency. Any support paid in excess of the total\namount shall be maintained in an account at the local department or designated\npublic agency on behalf of the child. Any funds remaining in the account at the\ntime that the child leaves foster care shall be paid either to the new legal\nguardian or to the child if he has been emancipated. If a court order for\nsupport or final decree of divorce ordering support enters judgment for an\namount of support to be paid by such noncustodial parent, the Department shall\nbe subrogated to the debt created by such order, and the money judgment shall be\ndeemed to be in favor of the Department. In any judicial proceeding brought by\nan attorney on behalf of the Department pursuant to this section to enforce a\nsupport obligation in which the Department prevails, attorney’s fees shall\nbe assessed pursuant to \u00a7 63.2-1960.\n\t\tThe Department shall have the authority to pursue establishment and\nenforcement actions against the persons responsible for support after the local\ndepartment or designated public agency no longer has custody of the child or\nresponsibility for foster care placement.\n\t\tDebts created by an administrative support order under this section shall not\nbe incurred by nor at any time collected from a noncustodial parent who is the\nrecipient of public assistance for the benefit of minor dependent children for\nthe period such person is in such status. Recipients of federal supplemental\nsecurity income shall not be subject to the establishment of an administrative\nsupport order while they receive benefits from that source.\n\nHISTORY: 1995, c. 817, \u00a7 63.1-251.3; 2002, c. 747.","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}}