A. The Department may, pursuant to this chapter and in accordance with § 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 § 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 § 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.
1994, c. 795, § 63.1-252.2; 1996, c. 889; 1998, c. 885; 2002, c. 747; 2016, c. 29.
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