                                 CODE OF VIRGINIA

PAYMENT OF PUBLIC ASSISTANCE FOR CHILD OR CUSTODIAL PARENT CONSTITUTES DEBT TO
DEPARTMENT BY NONCUSTODIAL PARENTS; LIMITATIONS; DEPARTMENT SUBROGATED TO RIGHTS
(§ 63.2-1908)

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 § 63.2-1922, shall establish the
debt in an amount determined to be consistent with a noncustodial parent&#8217;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.
		The 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&#8217;s fees shall be
assessed pursuant to § 63.2-1960.
		The 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.
		Debt 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.

HISTORY: 1974, c. 413, § 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.