{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1960.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1960.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1960.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1960.html"}],"law_id":73482,"edition_id":1,"section_id":73482,"structure_id":14254,"section_number":"63.2-1960","catch_line":"Recovery of certain fees and costs","history":"1991, c. 390, \u00a7 63.1-274.10; 1996, cc. 746, 1054; 1997, cc. 792, 896; 2002, c. 747; 2005, c. 880.","full_text":"The Department shall have the authority to assess and recover from the noncustodial parent in proceedings to enforce child support obligations against the noncustodial parent, reasonable attorneys’ fees. All such fees recovered in proceedings to collect child support arrearages shall be retained by the Department in a special fund for the support of the Division of Support Enforcement. The Department shall also have the authority to assess and recover costs in such cases. However, the Department shall not be entitled to recover attorneys’ fees or costs in any case in which the noncustodial parent prevails.\n\t\tThe Department shall have the authority to assess and recover the actual costs of genetic testing against the noncustodial parent if paternity is established. Where an original test is contested and additional testing is requested, the Department may require advance payment by the contestant. The genetic testing costs shall be set at the rate charged the Department by the provider of genetic testing services.\n\t\tThe Department shall have the authority to assess and recover the actual costs of intercept programs from the noncustodial parent. The intercept programs’ costs shall be set at the rate actually charged the Department.\n\t\tThe Department shall have the authority to assess and recover the actual costs of fees for service of process, and seizure and sale pursuant to a levy on a judgment in enforcement actions from the noncustodial parent.\n\t\tThe fees and costs that may be recovered pursuant to this section may be collected using any mechanism provided by this chapter.","order_by":null,"text":{"0":{"id":264398,"text":"The Department shall have the authority to assess and recover from the noncustodial parent in proceedings to enforce child support obligations against the noncustodial parent, reasonable attorneys’ fees. All such fees recovered in proceedings to collect child support arrearages shall be retained by the Department in a special fund for the support of the Division of Support Enforcement. The Department shall also have the authority to assess and recover costs in such cases. However, the Department shall not be entitled to recover attorneys’ fees or costs in any case in which the noncustodial parent prevails.\n\t\tThe Department shall have the authority to assess and recover the actual costs of genetic testing against the noncustodial parent if paternity is established. Where an original test is contested and additional testing is requested, the Department may require advance payment by the contestant. The genetic testing costs shall be set at the rate charged the Department by the provider of genetic testing services.\n\t\tThe Department shall have the authority to assess and recover the actual costs of intercept programs from the noncustodial parent. The intercept programs’ costs shall be set at the rate actually charged the Department.\n\t\tThe Department shall have the authority to assess and recover the actual costs of fees for service of process, and seizure and sale pursuant to a levy on a judgment in enforcement actions from the noncustodial parent.\n\t\tThe fees and costs that may be recovered pursuant to this section may be collected using any mechanism provided by this chapter.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14254,"edition_id":1,"name":"Financial Operations","identifier":"10","label":"article","depth":4,"order_by":1,"parent_id":12835,"metadata":{},"date_created":"2026-06-26 03:47:28","date_modified":"2026-06-26 03:47:28","permalink":{"id":272469,"object_type":"structure","relational_id":14254,"identifier":"10","token":"63.2\/V\/19\/10","url":"\/63.2\/V\/19\/10\/","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":55490,"structure_id":14254,"section_number":"63.2-1951","catch_line":"Interest on support payments collected","url":"\/63.2-1951\/","token":"63.2\/V\/19\/10\/63.2-1951","metadata":false},{"id":58002,"structure_id":14254,"section_number":"63.2-1952","catch_line":"Interest on debts due","url":"\/63.2-1952\/","token":"63.2\/V\/19\/10\/63.2-1952","metadata":false},{"id":77413,"structure_id":14254,"section_number":"63.2-1953","catch_line":"Disposition of funds collected as debts to Department","url":"\/63.2-1953\/","token":"63.2\/V\/19\/10\/63.2-1953","metadata":false},{"id":87286,"structure_id":14254,"section_number":"63.2-1954","catch_line":"Distribution of collection","url":"\/63.2-1954\/","token":"63.2\/V\/19\/10\/63.2-1954","metadata":false},{"id":55807,"structure_id":14254,"section_number":"63.2-1954.1","catch_line":"Repealed","url":"\/63.2-1954.1\/","token":"63.2\/V\/19\/10\/63.2-1954.1","metadata":false},{"id":69222,"structure_id":14254,"section_number":"63.2-1955","catch_line":"Distribution of collections from federal tax refund offsets","url":"\/63.2-1955\/","token":"63.2\/V\/19\/10\/63.2-1955","metadata":false},{"id":64060,"structure_id":14254,"section_number":"63.2-1956","catch_line":"Release of excess funds to debtor","url":"\/63.2-1956\/","token":"63.2\/V\/19\/10\/63.2-1956","metadata":false},{"id":78564,"structure_id":14254,"section_number":"63.2-1957","catch_line":"Unidentifiable moneys held in special account","url":"\/63.2-1957\/","token":"63.2\/V\/19\/10\/63.2-1957","metadata":false},{"id":64512,"structure_id":14254,"section_number":"63.2-1958","catch_line":"Charging off support debts as uncollectible","url":"\/63.2-1958\/","token":"63.2\/V\/19\/10\/63.2-1958","metadata":false},{"id":72889,"structure_id":14254,"section_number":"63.2-1959","catch_line":"Department exempt from fees","url":"\/63.2-1959\/","token":"63.2\/V\/19\/10\/63.2-1959","metadata":false},{"id":73482,"structure_id":14254,"section_number":"63.2-1960","catch_line":"Recovery of certain fees and costs","url":"\/63.2-1960\/","token":"63.2\/V\/19\/10\/63.2-1960","metadata":false}],"previous_section":{"id":72889,"structure_id":14254,"section_number":"63.2-1959","catch_line":"Department exempt from fees","url":"\/63.2-1959\/","token":"63.2\/V\/19\/10\/63.2-1959","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1960\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 390 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 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1996, chapters 746<\/a> and 1054<\/a>; in 1997, chapters 792<\/a> and 896<\/a>; in 2002, chapter 747<\/a>; in 2005, chapter 880<\/a>.<\/p>","references":[{"id":72515,"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","order_by":null,"url":"\/63.2-1908\/"},{"id":85197,"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","order_by":null,"url":"\/63.2-1910\/"},{"id":82548,"section_number":"63.2-1950","catch_line":"Child support enforcement privatized legal services","order_by":null,"url":"\/63.2-1950\/"}],"refers_to":false,"permalink":{"id":272511,"object_type":"law","relational_id":73482,"identifier":"63.2-1960","token":"63.2\/V\/19\/10\/63.2-1960","url":"\/63.2-1960\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1960\/","token":"63.2\/V\/19\/10\/63.2-1960","dublin_core":{"Title":"Recovery of certain fees and costs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1960","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Department<\/span> shall have the authority to assess and recover from the noncustodial parent<\/span> in proceedings to enforce child<\/span> support obligations against the noncustodial parent<\/span>, reasonable attorneys’ fees. All such fees recovered in proceedings to collect child<\/span> support arrearages shall be retained by the Department<\/span> in a special fund for the support of the Division of Support Enforcement. The Department<\/span> shall also have the authority to assess and recover costs in such cases. However, the Department<\/span> shall not be entitled to recover attorneys’ fees or costs in any case in which the noncustodial parent<\/span> prevails.\n\t\tThe Department<\/span> shall have the authority to assess and recover the actual costs of genetic testing against the noncustodial parent<\/span> if paternity is established. Where an original test is contested and additional testing is requested, the Department<\/span> may require advance payment by the contestant. The genetic testing costs shall be set at the rate charged the Department<\/span> by the provider of genetic testing services.\n\t\tThe Department<\/span> shall have the authority to assess and recover the actual costs of intercept programs from the noncustodial parent<\/span>. The intercept programs’ costs shall be set at the rate actually charged the Department<\/span>.\n\t\tThe Department<\/span> shall have the authority to assess and recover the actual costs of fees for service of process<\/span>, and seizure and sale pursuant to a levy<\/span> on a judgment<\/span> in enforcement actions from the noncustodial parent<\/span>.\n\t\tThe fees and costs that may be recovered pursuant to this section may be collected using any mechanism provided by this chapter.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECOVERY OF CERTAIN FEES AND COSTS (\u00a7 63.2-1960)\n\nThe Department shall have the authority to assess and recover from the\nnoncustodial parent in proceedings to enforce child support obligations against\nthe noncustodial parent, reasonable attorneys’ fees. All such fees\nrecovered in proceedings to collect child support arrearages shall be retained\nby the Department in a special fund for the support of the Division of Support\nEnforcement. The Department shall also have the authority to assess and recover\ncosts in such cases. However, the Department shall not be entitled to recover\nattorneys’ fees or costs in any case in which the noncustodial parent\nprevails.\n\t\tThe Department shall have the authority to assess and recover the actual costs\nof genetic testing against the noncustodial parent if paternity is established.\nWhere an original test is contested and additional testing is requested, the\nDepartment may require advance payment by the contestant. The genetic testing\ncosts shall be set at the rate charged the Department by the provider of genetic\ntesting services.\n\t\tThe Department shall have the authority to assess and recover the actual costs\nof intercept programs from the noncustodial parent. The intercept\nprograms’ costs shall be set at the rate actually charged the Department.\n\t\tThe Department shall have the authority to assess and recover the actual costs\nof fees for service of process, and seizure and sale pursuant to a levy on a\njudgment in enforcement actions from the noncustodial parent.\n\t\tThe fees and costs that may be recovered pursuant to this section may be\ncollected using any mechanism provided by this chapter.\n\nHISTORY: 1991, c. 390, \u00a7 63.1-274.10; 1996, cc. 746, 1054; 1997, cc. 792, 896;\n2002, c. 747; 2005, c. 880.","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}}