                                 CODE OF VIRGINIA

AUTHORITY TO INITIATE REVIEWS OF CERTAIN ORDERS (§ 63.2-1921)

A. The Department may, pursuant to this chapter and in accordance with &#xA7;
20-108.2, initiate a review of the amount of support ordered by any court. If a
material change in circumstances has occurred, the Department shall report its
findings and a proposed modified order to the court which entered the order or
the court having current jurisdiction. Notice of each review shall be served on
the nonrequesting party (i) in accordance with the provisions of &#xA7;
8.01-296, 8.01-327, or 8.01-329, (ii) by certified mail, return receipt
requested, (iii) by electronic means, or (iv) by the nonrequesting party
executing a waiver. Either party may request a hearing on the proposed modified
order by filing a request with such court within 30 days of receipt of notice by
the requesting party. Unless a hearing is requested within the time limits, no
hearing shall be required and the court shall enter the modified order, which
shall be effective from the date that notice of such review was served on the
nonrequesting party. The court shall modify any prior court order, or schedule a
hearing on its motion and so notify the parties and the Department. If a hearing
is held, the Department shall have the burden of proof.

B. However, if the order being reviewed by the Department deviated from the
guidelines, when entered, based on one or more of the deviating factors set out
in &#xA7; 20-108.1 and the Department determines that there has been a material
change in circumstances, the procedure set forth in subsection A shall not apply
and the Department shall schedule a hearing with the court which entered the
order or the court having current jurisdiction.

C. A material change in circumstances shall be deemed to have occurred if the
difference between the existing child support award and the amount which would
result from application of the guidelines is at least 10 percent of the existing
child support award but not less than $25 per month.

HISTORY: 1994, c. 795, § 63.1-252.2; 1996, c. 889; 1998, c. 885; 2002, c. 747;
2016, c. 29.