Ten days after service of the notice containing the proposed administrative support order as provided in § 63.2-1916, or immediately upon receipt by the Department of a court order or foreign support order, a lien may be asserted by the Commissioner upon the real or personal property of the debtor. The claim of the Department for a support debt, not paid when due, shall be a lien when docketed against all property of the debtor in the county or city where docketed with priority of a secured creditor. The Department's lien shall take priority over all other debts and creditors under state law of such debtor including the proceeds or anticipated proceeds of a personal injury or wrongful death award or settlement except that the Department's lien shall be inferior to those liens created under § 8.01-66.2 or § 8.01-66.9, any statutory right of subrogation accruing to a health insurance provider, and the lien of the attorney representing the injured person in the personal injury or wrongful death action. However, the lien of the Department shall be subordinate to the lien of any prior mortgagee. The Department shall have the sole authority to negotiate settlement of its liens. Settlement of the Department's support liens does not affect the remaining support arrearages. This lien shall be separate and apart from, and in addition to, any other lien created by, or provided for, in this title. Such order, when an abstract thereof is docketed with the circuit court, shall have the same effect as a docketed abstract of judgment from another Virginia court.
Whenever a support lien has been filed and there is in the possession of any person, firm, corporation, association, political subdivision or department of the Commonwealth having notice of such lien, any property which may be subject to the support lien, such property shall not be paid over, released, sold, transferred, encumbered or conveyed, except as provided for by the exemptions contained in § 63.2-1933, unless a written release or waiver signed by the Commissioner has been delivered to such person, firm, corporation, association, political subdivision or department of the Commonwealth or unless a determination has been made in a hearing pursuant to § 63.2-1916 or by a court ordering release of such support lien on the basis that no debt exists or that the debt has been satisfied.
1974, c. 413, § 63.1-254; 1976, c. 357; 1988, c. 906; 2002, c. 747; 2003, cc. 929, 942.
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