                                 CODE OF VIRGINIA

NOTICE OF ADMINISTRATIVE SUPPORT ORDER; CONTENTS; HEARING; MODIFICATION (§
63.2-1916)

The Commissioner may proceed against a noncustodial parent whose support debt
has accrued or is accruing based upon subrogation to, assignment of, or
authorization to enforce a support obligation. Such obligation may be created by
a court order for support of a child or child and spouse or decree of divorce
ordering support of a child or child and spouse. In the absence of such a court
order or decree of divorce, the Commissioner may, pursuant to this chapter,
proceed against a person whose support debt has accrued or is accruing based
upon payment of public assistance or who has a responsibility for the support of
any dependent child or children and their custodial parent. The administrative
support order shall also provide that support shall continue to be paid for any
child over the age of 18 who is (i) a full-time high school student, (ii) not
self-supporting, and (iii) living in the home of the parent seeking or receiving
child support, until such child reaches the age of 19 or graduates from high
school, whichever comes first. The Commissioner shall initiate proceedings by
issuing notice containing the administrative support order which shall become
effective unless timely contested. The notice shall be served upon the debtor
(a) in accordance with the provisions of § 8.01-296, 8.01-327 or 8.01-329 or
(b) by certified mail, return receipt requested, or by electronic means, or the
debtor may accept service by signing a formal waiver. A copy of the notice shall
be provided to the obligee. The notice shall include the following:

1. A statement of the support debt or obligation accrued or accruing and the
basis and authority under which the assessment of the debt or obligation was
made. The initial administrative support order shall be effective on the date of
service and the first monthly payment shall be due on the first of the month
following the date of service and the first of each month thereafter. A modified
administrative support order shall be effective the date that notice of the
review is served on the nonrequesting party, and the first monthly payment shall
be due on the first day of the month following the date of such service and on
the first day of each month thereafter. In addition, an amount shall be assessed
for the partial month between the effective date of the order and the date that
the first monthly payment is due. The assessment for the initial partial month
shall be prorated from the effective date through the end of that month, based
on the current monthly obligation. All payments are to be credited to current
support obligations first, with any payment in excess of the current obligation
applied to arrearages, if any;

2. A statement of the name, date of birth, and last four digits of the social
security number of the child or children for whom support is being sought;

3. A statement that support shall continue to be paid for any child over the age
of 18 who is (i) a full-time high school student, (ii) not self-supporting, and
(iii) living in the home of the party seeking or receiving child support, until
such child reaches the age of 19 or graduates from high school, whichever comes
first;

4. A demand for immediate payment of the support debt or obligation or, in the
alternative, a demand that the debtor file an answer with the Commissioner
within 10 days of the date of service of the notice stating his defenses to
liability;

5. If known, the full name, date of birth, and last four digits of the social
security number of each parent of the child; however, when a protective order
has been issued or the Department otherwise finds reason to believe that a party
is at risk of physical or emotional harm from the other party, only the name of
the party at risk shall be included in the order;

6. A statement that if no answer is made on or before 10 days from the date of
service of the notice, the administrative support order shall be final and
enforceable, and the support debt shall be assessed and determined subject to
computation, and is subject to collection action;

7. A statement that the debtor may be subject to mandatory withholding of
income, the interception of state or federal tax refunds, interception of
payments due to the debtor from the Commonwealth, notification of arrearage
information to consumer reporting agencies, passport denial or suspension, or
incarceration and that the debtor&#8217;s property will be subject to lien and
foreclosure, distraint, seizure and sale, an order to withhold and deliver, or
withholding of income;

8. A statement that the parents shall keep the Department informed regarding
access to health insurance coverage and health insurance policy information and
a statement that health care coverage shall be required for the parents&#8217;
dependent children if available at reasonable cost as defined in &#xA7;
63.2-1900, or pursuant to subsection A of &#xA7; 63.2-1903. If a child is
enrolled in Department-sponsored health care coverage, the Department shall
collect the cost of the coverage pursuant to subsection E of &#xA7; 20-108.2;

9. A statement of each party&#8217;s right to appeal and the procedures
applicable to appeals from the decision of the Commissioner;

10. A statement that the obligor&#8217;s income shall be immediately withheld to
comply with this order unless the obligee, or the Department, if the obligee is
receiving public assistance, and obligor agree to an alternative arrangement;

11. A statement that any determination of a support obligation under this
section creates a judgment by operation of law and as such is entitled to full
faith and credit in any other state or jurisdiction;

12. A statement that each party shall give the Department written notice of any
change in his address, including email address, or phone number, including cell
phone number, within 30 days;

13. A statement that each party shall keep the Department informed of (i) the
name, telephone number, and address of his current employer; (ii) any change to
his employment status; and (iii) if he has filed a claim for or is receiving
benefits under the provisions of Title 60.2. The statement shall further specify
that any such change in employment status or filing of a claim shall be
communicated to the Department in writing within 30 days of such change or
filing;

14. A statement that if any arrearages for child support, including interest or
fees, exist at the time the youngest child included in the order emancipates,
payments shall continue in the total amount due (current support plus amount
applied toward arrearages) at the time of emancipation until all arrearages are
paid;

15. A statement that a petition may be filed for suspension of any license,
certificate, registration, or other authorization to engage in a profession,
trade, business, occupation, or recreational activity issued by the Commonwealth
to a parent as provided in &#xA7; 63.2-1937 upon a delinquency for a period of
90 days or more or in amount of $5,000 or more. The order shall indicate whether
either or both parents currently hold such an authorization and, if so, the type
of authorization held;

16. A statement that the Department of Motor Vehicles may suspend or refuse to
renew the driving privileges of any person upon receipt of notice from the
Department of Social Services that the person (i) is delinquent in the payment
of child support by 90 days or in an amount of $5,000 or more or (ii) has failed
to comply with a subpoena, summons, or warrant relating to paternity or child
support proceedings; and

17. A statement that on and after July 1, 1994, the Department of Social
Services, as provided in &#xA7; 63.2-1921 and in accordance with &#xA7;
20-108.2, may initiate a review of the amount of support ordered by any court.
			If no answer is received by the Commissioner within 10 days of the date of
service or acceptance, the administrative support order shall be effective as
provided in the notice. The Commissioner may initiate collection procedures
pursuant to this chapter, Chapter 11 (&#xA7; 16.1-226 et seq.) of Title 16.1 or
Title 20. The debtor and the obligee have 10 days from the date of receipt of
the notice to file an answer with the Commissioner to exercise the right to an
administrative hearing.
			Any changes in the amount of the administrative order must be made pursuant
to this section. In no event shall an administrative hearing alter or amend the
amount or terms of any court order for support or decree of divorce ordering
support. No administrative support order may be retroactively modified, but may
be modified from the date that notice of the review has been served on the
nonrequesting party. Notice of each review shall be served on the nonrequesting
party (1) in accordance with the provisions of &#xA7; 8.01-296, 8.01-327, or
8.01-329, (2) by certified mail, return receipt requested, (3) by electronic
means, or (4) by the nonrequesting party executing a waiver. The existence of an
administrative order shall not preclude either an obligor or obligee from
commencing appropriate proceedings in a juvenile and domestic relations district
court or a circuit court.

HISTORY: 1985, c. 488, § 63.1-252.1; 1986, c. 594; 1987, cc. 640, 649; 1988, c.
906; 1991, cc. 651, 694; 1993, c. 534; 1994, c. 764; 1995, cc. 593, 600; 1996,
cc. 879, 884, 889; 1997, cc. 796, 895; 1998, cc. 107, 885; 2002, cc. 747, 844;
2004, c. 204; 2006, cc. 720, 869; 2007, c. 600; 2009, cc. 706, 713; 2016, c. 29;
2020, cc. 1227, 1246; 2021, Sp. Sess. I, c. 222.