20-60.3 - Contents of support orders.
§ 20-60.3. Contents of support orders.
All orders directing the payment of spousal support where there are minorchildren whom the parties have a mutual duty to support and all ordersdirecting the payment of child support, including those orders confirmingseparation agreements, entered on or after October 1, 1985, whether they areoriginal orders or modifications of existing orders, shall contain thefollowing:
1. Notice that support payments may be withheld as they become due pursuantto § 20-79.1 or § 20-79.2, from income as defined in § 63.2-1900, withoutfurther amendments of this order or having to file an application forservices with the Department of Social Services; however, absence of suchnotice in an order entered prior to July 1, 1988, shall not bar withholdingof support payments pursuant to § 20-79.1;
2. Notice that support payments may be withheld pursuant to Chapter 19 (§63.2-1900 et seq.) of Title 63.2 without further amendments to the order uponapplication for services with the Department of Social Services; however,absence of such notice in an order entered prior to July 1, 1988, shall notbar withholding of support payments pursuant to Chapter 19 (§ 63.2-1900 etseq.) of Title 63.2;
3. The name, date of birth, and last four digits of the social securitynumber of each child to whom a duty of support is then owed by the parent;
4. If known, the name, date of birth, and last four digits of the socialsecurity number of each parent of the child and, unless otherwise ordered,each parent's residential and, if different, mailing address, residential andemployer telephone number, driver's license number, and the name and addressof his or her employer; however, when a protective order has been issued orthe court otherwise finds reason to believe that a party is at risk ofphysical or emotional harm from the other party, information other than thename of the party at risk shall not be included in the order;
5. Notice that, pursuant to § 20-124.2, support will continue to be paid forany child over the age of 18 who is (i) a full-time high school student, (ii)not self-supporting, and (iii) living in the home of the party seeking orreceiving child support until such child reaches the age of 19 or graduatesfrom high school, whichever occurs first, and that the court may also orderthe continuation of support for any child over the age of 18 who is (a)severely and permanently mentally or physically disabled, (b) unable to liveindependently and support himself, and (c) residing in the home of the parentseeking or receiving child support;
6. On and after July 1, 1994, notice that a petition may be filed forsuspension of any license, certificate, registration or other authorizationto engage in a profession, trade, business, occupation, or recreationalactivity issued by the Commonwealth to a parent as provided in § 63.2-1937upon a delinquency for a period of 90 days or more or in an amount of $5,000or more. The order shall indicate whether either or both parents currentlyhold such an authorization and, if so, the type of authorization held;
7. The monthly amount of support and the effective date of the order. Inproceedings on initial petitions, the effective date shall be the date offiling of the petition; in modification proceedings, the effective date maybe the date of notice to the responding party. The first monthly paymentshall be due on the first day of the month following the hearing date and onthe first day of each month thereafter. In addition, an amount shall beassessed for any full and partial months between the effective date of theorder and the date that the first monthly payment is due. The assessment forthe initial partial month shall be prorated from the effective date throughthe end of that month, based on the current monthly obligation;
8. a. An order for health care coverage, including the health insurancepolicy information, for dependent children pursuant to §§ 20-108.1 and20-108.2 if available at reasonable cost as defined in § 63.2-1900, or awritten statement that health care coverage is not available at a reasonablecost as defined in such section, and a statement as to whether there is anorder for health care coverage for a spouse or former spouse; and
b. A statement as to whether cash medical support, as defined in § 63.2-1900,is to be paid by or reimbursed to a party pursuant to subsections D and G of§ 20-108.2, and if such expenses are ordered, then the provisions governinghow such payment is to be made;
9. If support arrearages exist, (i) to whom an arrearage is owed and theamount of the arrearage, (ii) the period of time for which such arrearage iscalculated, and (iii) a direction that all payments are to be credited tocurrent support obligations first, with any payment in excess of the currentobligation applied to arrearages;
10. If child support payments are ordered to be paid through the Departmentof Social Services or directly to the obligee, and unless the court for goodcause shown orders otherwise, the parties shall give each other and the courtand, when payments are to be made through the Department, the Department ofSocial Services at least 30 days' written notice, in advance, of any changeof address and any change of telephone number within 30 days after the change;
11. If child support payments are ordered to be paid through the Departmentof Social Services, a provision requiring an obligor to keep the Departmentof Social Services informed of the name, address and telephone number of hiscurrent employer, or if payments are ordered to be paid directly to theobligee, a provision requiring an obligor to keep the court informed of thename, address and telephone number of his current employer;
12. If child support payments are ordered to be paid through the Departmentof Social Services, a provision requiring the party obligated to providehealth care coverage to keep the Department of Social Services informed ofany changes in the availability of the health care coverage for the minorchild or children, or if payments are ordered to be paid directly to theobligee, a provision requiring the party obligated to provide health carecoverage to keep the other party informed of any changes in the availabilityof the health care coverage for the minor child or children;
13. The separate amounts due to each person under the order, unless the courtspecifically orders a unitary award of child and spousal support due or theorder affirms a separation agreement containing provision for such unitaryaward;
14. Notice that in determination of a support obligation, the supportobligation as it becomes due and unpaid creates a judgment by operation oflaw. The order shall also provide, pursuant to § 20-78.2, for interest on thearrearage at the judgment rate as established by § 6.1-330.54 unless theobligee, in a writing submitted to the court, waives the collection ofinterest;
15. Notice that on and after July 1, 1994, the Department of Social Servicesmay, pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 and inaccordance with §§ 20-108.2 and 63.2-1921, initiate a review of the amount ofsupport ordered by any court;
16. A statement that if any arrearages for child support, including interestor fees, exist at the time the youngest child included in the orderemancipates, payments shall continue in the total amount due (current supportplus amount applied toward arrearages) at the time of emancipation until allarrearages are paid; and
17. Notice that, in cases enforced by the Department of Social Services, theDepartment of Motor Vehicles may suspend or refuse to renew the driver'slicense of any person upon receipt of notice from the Department of SocialServices that the person (i) is delinquent in the payment of child support by90 days or in an amount of $5,000 or more or (ii) has failed to comply with asubpoena, summons, or warrant relating to paternity or child supportproceedings.
The provisions of this section shall not apply to divorce decrees where thereare no minor children whom the parties have a mutual duty to support.
(1985, c. 488; 1986, c. 594; 1987, cc. 597, 658, 706; 1988, c. 906; 1991, cc.651, 694; 1992, c. 199; 1993, c. 534; 1994, cc. 764, 795; 1997, cc. 796, 895;1998, cc. 727, 884; 2000, c. 305; 2003, c. 625; 2004, c. 1008; 2006, cc. 720,869; 2009, cc. 706, 713.)