                                 CODE OF VIRGINIA

RECOVERY OF CERTAIN FEES AND COSTS (§ 63.2-1960)

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&#8217; 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&#8217; fees or costs in any case in which the noncustodial parent
prevails.
		The 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.
		The Department shall have the authority to assess and recover the actual costs
of intercept programs from the noncustodial parent. The intercept
programs&#8217; costs shall be set at the rate actually charged the Department.
		The 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.
		The fees and costs that may be recovered pursuant to this section may be
collected using any mechanism provided by this chapter.

HISTORY: 1991, c. 390, § 63.1-274.10; 1996, cc. 746, 1054; 1997, cc. 792, 896;
2002, c. 747; 2005, c. 880.