A. A support enforcement agency of the Commonwealth, upon request, shall provide services to a petitioner in a proceeding under this chapter.
B. In a proceeding under this chapter, a support enforcement agency of the Commonwealth that is providing services to the petitioner shall:
1. Take all steps necessary to enable an appropriate tribunal of the Commonwealth, another state, or a foreign country to obtain jurisdiction over the respondent;
2. Request an appropriate tribunal to set a date, time, and place for a hearing;
3. Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
4. Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
5. Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
6. Notify the petitioner if jurisdiction over the respondent cannot be obtained.
C. A support enforcement agency of the Commonwealth that requests registration of a child support order in the Commonwealth for enforcement or for modification shall make reasonable efforts to ensure that:
1. The order to be registered is the controlling order; or
2. If two or more child support orders exist and the identity of the controlling order has not been determined, a request for such a determination is made in a tribunal having jurisdiction to do so.
D. A support enforcement agency of the Commonwealth that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in U.S. dollars under the applicable official or market exchange rate as publicly reported.
E. A support enforcement agency of the Commonwealth shall issue or request a tribunal of the Commonwealth to issue a child support order and an income-withholding order that redirects payment of current support, arrears, and interest to a support enforcement agency of the Commonwealth if requested to do so by a support enforcement agency of another state pursuant to § 20-88.62.
F. This chapter does not create a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
1994, c. 673; 1997, cc. 797, 897; 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