<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>54048</law_id><section_number>63.2-1900</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>16.1-241</reference><reference>16.1-278.16</reference><reference>16.1-290</reference><reference>20-108.1</reference><reference>20-108.2</reference><reference>20-60.3</reference><reference>20-79.1</reference><reference>20-79.3</reference><reference>20-88.32</reference><reference>20-88.64</reference><reference>34-28.1</reference><reference>34-34</reference><reference>51.1-124.4</reference><reference>51.1-510</reference><reference>51.1-802</reference><reference>58.1-3</reference><reference>58.1-4013</reference><reference>58.1-4019</reference><reference>63.2-103</reference><reference>63.2-1101</reference><reference>63.2-1503</reference><reference>63.2-1903</reference><reference>63.2-1916</reference><reference>63.2-1917</reference><reference>63.2-1923</reference><reference>63.2-1924.1</reference><reference>63.2-1936</reference><reference>63.2-1951</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="63.2">Welfare (Social Services)</unit><unit label="subtitle" level="2" order_by="1" identifier="V">Administrative Child Support</unit><unit label="chapter" level="3" order_by="1" identifier="19">Child Support Enforcement</unit><unit label="article" level="4" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Administrative order</span>&#x201D; or &#x201C;<span class="dictionary">administrative support order</span>&#x201D; means a noncourt-ordered legally enforceable support obligation having the force and effect of a support order established by the court.
		&#x201C;<span class="dictionary">Assignment of rights</span>&#x201D; means the legal procedure whereby an individual assigns support rights to the Commonwealth on behalf of a <span class="dictionary">dependent child</span> or spouse and <span class="dictionary">dependent child</span>.
		&#x201C;<span class="dictionary">Authorization to seek or enforce a support obligation</span>&#x201D; means a signed authorization to the Commonwealth to seek or enforce support on behalf of a <span class="dictionary">dependent child</span> or a spouse and <span class="dictionary">dependent child</span> or on behalf of a person deemed to have submitted an application by operation of <span class="dictionary">law</span>.
		&#x201C;<span class="dictionary">Cash medical support</span>&#x201D; means the proportional amount the court or the <span class="dictionary">Department</span> shall order both parents to pay toward reasonable and necessary unreimbursed medical or dental expenses pursuant to subsection D of &#xA7;&#xA0;<a class="law" title="Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary" href="/20-108.2/">20-108.2</a>.
		&#x201C;<span class="dictionary">Court order</span>&#x201D; means any <span class="dictionary">judgment</span> or order of any court having <span class="dictionary">jurisdiction</span> to order payment of support or an order of a court of comparable <span class="dictionary">jurisdiction</span> of another state ordering payment of a set or determinable amount of support moneys.
		&#x201C;<span class="dictionary">Custodial parent</span>&#x201D; means the natural or adoptive parent with whom the child resides; a stepparent or other person who has physical <span class="dictionary">custody</span> of the child and with whom the child resides; or a <span class="dictionary">local board</span> that has legal <span class="dictionary">custody</span> of a child in foster care.
		&#x201C;<span class="dictionary">Debt</span>&#x201D; means the total unpaid support obligation established by <span class="dictionary">court order</span>, administrative process or by the payment of <span class="dictionary">public assistance</span> and owed by a <span class="dictionary">noncustodial parent</span> to either the Commonwealth or to his dependent(s).
		&#x201C;<span class="dictionary"><span class="dictionary">Department</span>-sponsored <span class="dictionary">health care coverage</span></span>&#x201D; means any <span class="dictionary">health care coverage</span> that the <span class="dictionary">Department</span> may make available through a private contractor for children receiving <span class="dictionary">child support services</span> from the <span class="dictionary">Department</span>.
		&#x201C;<span class="dictionary">Dependent child</span>&#x201D; means any person who meets the eligibility criteria set forth in &#xA7;&#xA0;<a class="law" title="Eligibility for Temporary Assistance for Needy Families (TANF); penalty" href="/63.2-602/">63.2-602</a>, whose support rights have been assigned or whose <span class="dictionary">authorization to seek or enforce a support obligation</span> has been given to the Commonwealth and whose support is required by Titles 16.1 and 20.
		&#x201C;<span class="dictionary">Electronic means</span>&#x201D; means service of a required notice by the <span class="dictionary">Department</span> through its secure online child support portal to any person who has agreed to accept service through the portal and has created a user account. The portal shall record and maintain the date and time service is accepted by the user.
		&#x201C;<span class="dictionary">Employee</span>&#x201D; means any individual receiving income.
		&#x201C;<span class="dictionary">Employer</span>&#x201D; means the source of any income.
		&#x201C;<span class="dictionary">Financial institution</span>&#x201D; means a depository institution, an institution-affiliated <span class="dictionary">party</span>, any federal credit union or state credit union including an institution-affiliated <span class="dictionary">party</span> of such a credit union, and any benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in the Commonwealth.
		&#x201C;Financial records&#x201D; includes, but is not limited to, records held by <span class="dictionary">employers</span> showing income, profit sharing contributions and benefits paid or payable and records held by <span class="dictionary">financial institutions</span>, broker-dealers and other institutions and entities showing bank accounts, IRA and separate contributions, gross winnings, dividends, interest, distributive share, stocks, <span class="dictionary">bonds</span>, agricultural subsidies, royalties, prizes and awards held for or due and payable to a responsible person.
		&#x201C;<span class="dictionary">Foreign support order</span>&#x201D; means any order issued outside of the Commonwealth by a court or tribunal as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/20-88.32/">20-88.32</a>.
		&#x201C;<span class="dictionary">Health care coverage</span>&#x201D; means any plan providing hospital, medical or surgical care coverage for dependent children provided such coverage is available and can be obtained by a parent, parents, or a parent&#x2019;s spouse at a <span class="dictionary">reasonable cost</span>.
		&#x201C;Income&#x201D; means any periodic or other form of payment due an individual from any source and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, payments pursuant to a pension or retirement program, interest, trust income, annuities, capital gains, social security benefits, workers&#x2019; compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans&#x2019; benefits, spousal support, net rental income, gifts, prizes or awards.
		&#x201C;<span class="dictionary">Independent contractor</span>&#x201D; means an individual who (i) provides any service performed for remuneration or under any <span class="dictionary">contract</span> of hire, written or oral, express or implied, and (ii) is not an <span class="dictionary">employee</span> pursuant to the definition of &#x201C;<span class="dictionary">employment</span>&#x201D; in &#xA7;&#xA0;<a class="law" title="Employment" href="/60.2-212/">60.2-212</a>.
		&#x201C;<span class="dictionary">Mistake of fact</span>&#x201D; means an error in the identity of the payor or the amount of current support or arrearage.
		&#x201C;<span class="dictionary">Net income</span>&#x201D; means that income remaining after the following deductions have been taken from gross income: federal income tax, state income tax, federal income compensation act benefits, any union dues where collection thereof is required under federal <span class="dictionary">law</span>, and any other amounts required by <span class="dictionary">law</span>.
		&#x201C;<span class="dictionary">Noncustodial parent</span>&#x201D; means a responsible person who is or may be obligated under Virginia <span class="dictionary">law</span> for support of a <span class="dictionary">dependent child</span> or child&#x2019;s caretaker.
		&#x201C;<span class="dictionary">Obligee</span>&#x201D; means (i) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a <span class="dictionary">judgment</span> determining parentage has been rendered, (ii) a state or political subdivision to which the rights under a duty of support or support order have been assigned or that has independent claims based on financial assistance provided to an individual <span class="dictionary">obligee</span>, or (iii) an individual seeking a <span class="dictionary">judgment</span> determining parentage of the individual&#x2019;s child.
		&#x201C;<span class="dictionary">Obligor</span>&#x201D; means an individual, or the estate of a decedent, who (i) owes or is alleged to owe a duty of support, (ii) is alleged but has not been adjudicated to be a parent of a child, or (iii) is liable under a support order.
		&#x201C;<span class="dictionary">Payee</span>&#x201D; means any person to whom spousal or child support is to be paid.
		&#x201C;<span class="dictionary">Reasonable cost</span>&#x201D; pertaining to <span class="dictionary">health care coverage</span> for dependent children means available, in an amount not to exceed five percent of the gross income of the parent responsible for providing <span class="dictionary">health care coverage</span>, and accessible through <span class="dictionary">employers</span>, unions or other groups, or <span class="dictionary"><span class="dictionary">Department</span>-sponsored <span class="dictionary">health care coverage</span></span>, without regard to service delivery mechanism; unless the court deems otherwise in the best interests of the child, including where the only <span class="dictionary">health care coverage</span> available exceeds five percent, or by agreement of the parties.</p></section></text><history>1974, c. 413, &#xA7; 63.1-250; 1975, cc. 311, 596; 1976, c. 357; 1983, c. 66; 1985, c. 488; 1986, c. 594; 1988, c. 906; 1991, cc. 651, 694; 1997, cc. 796, 895; 1998, c. 727; 2002, cc. 747, 844; 2007, c. 600; 2009, c. 713; 2010, c. 243; 2016, c. 29; 2020, cc. 213, 722.</history><metadata></metadata></law>
