In this chapter:
"Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
"Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.
"Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.
"Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.
"Employer" means the source of any income as defined in § 63.2-1900.
"Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
1. That has been declared under the law of the United States to be a foreign reciprocating country;
2. That has established a reciprocal arrangement for child support with the Commonwealth as provided in § 20-88.50;
3. That has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or
4. In which the Convention is in force with respect to the United States.
"Foreign support order" means a support order of a foreign tribunal.
"Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention.
"Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.
"Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of the Commonwealth.
"Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, to withhold support from the obligor's income as defined in § 63.2-1900.
"Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.
"Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.
"Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child.
"Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.
"Law" includes decisional and statutory law and rules and regulations having the force of law.
"Obligee" means (i) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued, (ii) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support, (iii) an individual seeking a judgment determining parentage of the individual's child, or (iv) a person that is a creditor in a proceeding under Article 13 (§ 20-88.83 et seq.).
"Obligor" means an individual, or the estate of a decedent that (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, (iii) is liable under a support order, or (iv) is a debtor in a proceeding under Article 13 (§ 20-88.83 et seq.).
"Outside the Commonwealth" means a location in another state, political subdivision of a state, or a country other than the United States, whether or not the country is a foreign country.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
"Register" means to file in a tribunal of the Commonwealth a support order or judgment determining parentage of a child issued in another state or a foreign country.
"Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered.
"Responding state" means a state or a foreign country in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.
"Responding tribunal" means the authorized tribunal in a responding state or foreign country.
"Spousal-support order" means a support order for a spouse or former spouse of the obligor.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe.
"Support enforcement agency" means a public official, governmental entity, or private agency authorized to (i) seek enforcement of support orders or laws relating to the duty of support, (ii) seek establishment or modification of child support, (iii) request determination of parentage of a child, (iv) attempt to locate obligors or their assets, or (v) request determination of the controlling child support order. A support enforcement agency of the Commonwealth is not authorized to establish or enforce a support order for spousal support only.
"Support order" means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney's fees, and other relief.
"Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child; however, the support enforcement agency of the Commonwealth has no authority to establish or enforce a support order for spousal support only.
1994, c. 673; 1995, c. 484; 1996, cc. 882, 925; 1997, cc. 797, 897; 1998, c. 727; 2005, c. 754; 2015, c. 727.
Structure Code of Virginia
Chapter 5.3 - Uniform Interstate Family Support Act
§ 20-88.32:1. Uniformity of application and construction
§ 20-88.33. Tribunals of the Commonwealth and support enforcement agency
§ 20-88.34. Remedies cumulative
§ 20-88.34:1. Application of chapter to resident of foreign country and foreign support proceeding
§ 20-88.35. Bases for jurisdiction over nonresident
§ 20-88.36. Duration of personal jurisdiction
§ 20-88.37. Initiating and responding tribunal of the Commonwealth
§ 20-88.38. Simultaneous proceedings in another state
§ 20-88.39. Continuing, exclusive jurisdiction to modify child support order
§ 20-88.40. Continuing jurisdiction to enforce child support order
§ 20-88.41. Determination of controlling child support order
§ 20-88.42. Child support orders for two or more obligees
§ 20-88.43. Credit for payments
§ 20-88.43:1. Application to nonresident subject to personal jurisdiction
§ 20-88.43:2. Continuing, exclusive jurisdiction to modify spousal support order
§ 20-88.44. Proceedings under this chapter
§ 20-88.45. Action by minor parent
§ 20-88.46. Application of law of the Commonwealth
§ 20-88.47. Duties of initiating tribunal
§ 20-88.48. Duties and powers of responding tribunal
§ 20-88.49. Inappropriate tribunal
§ 20-88.50. Duties of support enforcement agency
§ 20-88.51. Duty of Secretary of Health and Human Resources
§ 20-88.53. Duties of state information agency
§ 20-88.54. Pleadings and accompanying documents
§ 20-88.55. Nondisclosure of information in exceptional circumstances
§ 20-88.57. Limited immunity of petitioner
§ 20-88.58. Nonparentage as defense
§ 20-88.59. Special rules of evidence and procedure
§ 20-88.60. Communications between tribunals
§ 20-88.61. Assistance with discovery
§ 20-88.62. Receipt and disbursement of payments
§ 20-88.63. Establishment of support order
§ 20-88.63:1. Proceeding to determine parentage
§ 20-88.64. Employer's receipt of income-withholding order of another state
§ 20-88.64:1. Employer's compliance with income-withholding order of another state
§ 20-88.64:2. Compliance with two or more income-withholding orders
§ 20-88.64:3. Immunity from civil liability
§ 20-88.64:4. Penalties for noncompliance
§ 20-88.64:5. Contest by obligor
§ 20-88.65. Administrative enforcement of orders
§ 20-88.66. Registration of order for enforcement
§ 20-88.67. Procedure to register order for enforcement
§ 20-88.68. Effect of registration for enforcement
§ 20-88.69. Choice of law; statute of limitations
§ 20-88.70. Notice of registration of order; contest of validity or enforcement
§ 20-88.71. Procedure to contest validity or enforcement of registered support order
§ 20-88.72. Contest of registration or enforcement
§ 20-88.74. Procedure to register child support order of another state for modification
§ 20-88.75. Effect of registration for modification
§ 20-88.76. Modification of child support order of another state
§ 20-88.77. Recognition of order modified in another state
§ 20-88.77:2. Notice to issuing tribunal of modification
§ 20-88.77:3. Jurisdiction to modify child support order of foreign country
§ 20-88.77:4. Procedure to register child support order of foreign country for modification
§ 20-88.79. Grounds for rendition
§ 20-88.80. Conditions of rendition
§ 20-88.85. Relationship of Department of Social Services to United States central authority
§ 20-88.86. Initiation by Department of Social Services of support proceeding under convention
§ 20-88.88. Registration of Convention support order
§ 20-88.89. Contest of registered convention support order
§ 20-88.90. Recognition and enforcement of registered convention support order
§ 20-88.91. Partial enforcement
§ 20-88.92. Foreign support agreement
§ 20-88.93. Modification of Convention child support order
§ 20-88.94. Personal information; limit on use
§ 20-88.95. Record in original language; English translation