The Department shall have the authority to assess and recover from the noncustodial parent in proceedings to enforce child support obligations against the noncustodial parent, reasonable attorneys' fees. All such fees recovered in proceedings to collect child support arrearages shall be retained by the Department in a special fund for the support of the Division of Support Enforcement. The Department shall also have the authority to assess and recover costs in such cases. However, the Department shall not be entitled to recover attorneys' fees or costs in any case in which the noncustodial parent prevails.
The Department shall have the authority to assess and recover the actual costs of genetic testing against the noncustodial parent if paternity is established. Where an original test is contested and additional testing is requested, the Department may require advance payment by the contestant. The genetic testing costs shall be set at the rate charged the Department by the provider of genetic testing services.
The Department shall have the authority to assess and recover the actual costs of intercept programs from the noncustodial parent. The intercept programs' costs shall be set at the rate actually charged the Department.
The Department shall have the authority to assess and recover the actual costs of fees for service of process, and seizure and sale pursuant to a levy on a judgment in enforcement actions from the noncustodial parent.
The fees and costs that may be recovered pursuant to this section may be collected using any mechanism provided by this chapter.
1991, c. 390, § 63.1-274.10; 1996, cc. 746, 1054; 1997, cc. 792, 896; 2002, c. 747; 2005, c. 880.
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