A. Except as provided in § 20-88.88, a foreign support order or a support order or income-withholding order of another state may be registered in the Commonwealth by sending the following records to the appropriate tribunal in the Commonwealth:
1. A letter of transmittal to the tribunal requesting registration and enforcement;
2. Two copies, including one certified copy, of the order to be registered, including any modification of the order;
3. A sworn statement by the party requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
4. The name of the obligor and, if known, (i) the obligor's address and social security number, (ii) the name and address of the obligor's employer and any other source of income of the obligor, and (iii) a description and the location of property of the obligor in the Commonwealth not exempt from execution; and
5. Except as otherwise provided in § 20-88.55, the name and address of the obligee and, if applicable, the support enforcement agency to whom support payments are to be remitted.
B. On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.
C. A petition or comparable pleading seeking a remedy that shall be affirmatively sought under other law of the Commonwealth may be filed at the same time as the request for registration or later. The pleading shall specify the grounds for the remedy sought.
D. If two or more orders are in effect, the individual or support enforcement agency requesting registration shall:
1. Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
2. Specify the order alleged to be the controlling order, if any; and
3. Specify the amount of consolidated arrears, if any.
E. A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The individual or support enforcement agency requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
1994, c. 673; 1995, c. 484; 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