The Department is authorized and directed to establish a central unit within the Department to administer the Title IV D State Plan according to 45 C.F.R. 302.12. The central unit shall have the statewide jurisdiction and authority to:
1. Establish a registry for the receipt of information;
2. Answer interstate inquiries concerning noncustodial parents;
3. Coordinate and supervise departmental activities in relation to noncustodial parents to ensure effective cooperation with law-enforcement agencies; and
4. Contract and enter into cooperative agreements with individuals and agencies including law-enforcement agencies, in order that they may assist the Department in its responsibilities.
The central unit within the Department shall supervise offices whose primary functions are:
a. Location of absent noncustodial parents;
b. Assessment of the ability of parents to pay child or child and spousal support and to obtain health care coverage or cash medical support, or both, for dependent children;
c. Establishment, modification and enforcement of support obligations including health care coverage for dependent children, through administrative action;
d. Preparation of individual cases for court action existing under all laws of the Commonwealth;
e. Ensuring on a consistent basis that support continues in all cases in which support is assessed administratively or ordered by the court; and
f. Provision of its services in establishing paternity and establishing and enforcing support obligations equally to public-assisted and nonpublic-assisted families.
To effectuate the purposes of this section, the Commissioner may request and shall receive from the records of state, county and local agencies within and without the Commonwealth, including but not limited to such agencies and entities responsible for vital records; tax and revenue; real and titled personal property; authorizations to engage in a business, trade, profession or occupation; employment security; motor vehicle licensing and registration; public assistance programs and corrections, all information and assistance as authorized by this chapter. The Commissioner may request from state and local criminal justice agencies within the Commonwealth assistance in locating and serving individuals who owe child support and have an outstanding civil show cause summons or capias pursuant to § 16.1-278.16. Solely for the purposes of obtaining motor vehicle licensing and registration information from entities within and without the Commonwealth, the Division of Child Support Enforcement shall be deemed to be a criminal justice agency.
With respect to individuals who owe child support or are alleged in a pending paternity proceeding to be a putative father, the Commissioner may request and shall receive the names and addresses of such individuals and the names and addresses of such individuals' employers as appearing in the customer records of public service corporations and companies as defined in § 56-1, cable television companies and financial institutions. All state, county and city departments, boards, bureaus or other entities or agencies, officers and employees shall cooperate in the location of noncustodial parents who have abandoned or deserted, or are failing to support, children and their custodial parents and shall on request supply the Department with all information on hand relative to the location, income, benefits and property of such noncustodial parents, notwithstanding any provision of law making such information confidential. These entities are authorized to provide such information as is necessary for this purpose. Only information directly bearing on the identity and whereabouts of a person owing or asserted to be owing an obligation of support shall be requested and used or transmitted by the Commissioner. The Commissioner may make such information available only to public officials, agencies and political subdivisions of this Commonwealth, and other states seeking to locate parents who have deserted their children and other persons liable for support of dependents for the purpose of enforcing their liability for support. A civil penalty not to exceed $1,000 may be assessed by the Commissioner for a failure to respond to a request for information made in accordance with this section.
Any public or private person, partnership, firm, corporation or association, any financial institution and any political subdivision, department or other entity of the Commonwealth who in good faith and in the absence of gross negligence, willful misconduct or breach of an ethical duty, provide information requested pursuant to this section shall be immune from liability, civil or criminal, that might otherwise result from the release of such information to the Department.
1988, c. 906, § 63.1-274.6; 1990, c. 836; 1991, cc. 545, 588; 1994, c. 665; 1997, cc. 796, 895; 2001, c. 573; 2002, c. 747; 2003, cc. 467, 929, 942; 2009, c. 713.
Structure Code of Virginia
Title 63.2 - Welfare (Social Services)
Chapter 19 - Child Support Enforcement
§ 63.2-1901. Purpose of chapter; powers and duties of the Department
§ 63.2-1903. Authority to issue certain orders; civil penalty
§ 63.2-1905. Establishment of State Case Registry
§ 63.2-1906. Department may disclose information to Internal Revenue Services
§ 63.2-1907. Child support enforcement; private contracts
§ 63.2-1908.1. Arrears compromise program
§ 63.2-1911. Duty of local departments to enforce support; referral to Department
§ 63.2-1912. Minor noncustodial parents whose child receives TANF; child support obligations
§ 63.2-1913. Administrative establishment of paternity
§ 63.2-1914. Hospital paternity establishment programs
§ 63.2-1915. Administrative support order
§ 63.2-1916. Notice of administrative support order; contents; hearing; modification
§ 63.2-1917. When delivery of notice to party at last known address may be deemed sufficient
§ 63.2-1918. Administrative establishment of obligations
§ 63.2-1919. Requirement to provide financial statements
§ 63.2-1920. Department may order exchange of financial information
§ 63.2-1921. Authority to initiate reviews of certain orders
§ 63.2-1923. Immediate withholding from income; exception; notices required
§ 63.2-1924.1. Health care coverage; National Medical Support Notice
§ 63.2-1925. Certain amount of income that may be withheld by lien or order
§ 63.2-1926. Withholding pursuant to foreign support order
§ 63.2-1927. Assertion of lien; effect
§ 63.2-1930. Civil liability upon failure to comply with lien, order, etc.
§ 63.2-1931. Effect of service on banks, savings institutions, etc.
§ 63.2-1932. Data exchange agreements authorized; immunity
§ 63.2-1932.1. Automated administrative enforcement in interstate cases
§ 63.2-1933. Distraint, seizure and sale of property subject to liens
§ 63.2-1934. Action for foreclosure of lien; satisfaction
§ 63.2-1935. Satisfaction of lien after foreclosure proceedings instituted; redemption
§ 63.2-1936. Procedures for posting security, bond or guarantee to secure payment of overdue support
§ 63.2-1938. Commissioner may release lien or order or return seized property
§ 63.2-1939. Commissioner may make demand, file and serve liens, when payments appear in jeopardy
§ 63.2-1940. Reporting payment arrearage information to consumer credit reporting agencies
§ 63.2-1940.1. Publishing a most wanted delinquent parent list; coordinated arrests
§ 63.2-1941. Additional enforcement remedies
§ 63.2-1943. Appeal from decision of hearing officer
§ 63.2-1944. Employee debtor rights protected; limitation
§ 63.2-1945. Assignment of earnings to be honored; inapplicability of § 40.1-31
§ 63.2-1947. Assistance by Office of the Attorney General
§ 63.2-1948. Payment by Department for legal services
§ 63.2-1949. Authority of city, county, or attorney for the Commonwealth to represent the Department
§ 63.2-1950. Child support enforcement privatized legal services
§ 63.2-1951. Interest on support payments collected
§ 63.2-1952. Interest on debts due
§ 63.2-1953. Disposition of funds collected as debts to Department
§ 63.2-1954. Distribution of collection
§ 63.2-1955. Distribution of collections from federal tax refund offsets
§ 63.2-1956. Release of excess funds to debtor
§ 63.2-1957. Unidentifiable moneys held in special account
§ 63.2-1958. Charging off support debts as uncollectible