37.2-718 - Order to compel payment of expenses.
§ 37.2-718. Order to compel payment of expenses.
A. When any consumer or his guardian, conservator, trustee, or other personliable for his expenses fails to pay those expenses and it appears frominvestigation that the consumer, his guardian, conservator, trustee, or otherperson liable for his support is able or has sufficient estate to pay theexpenses, the Department shall petition the appropriate court havingjurisdiction over the estate of the consumer or the court for the county orcity in which the consumer resides or from which he was admitted to a statefacility for an order to compel payment of the expenses by the person liabletherefor. In any case in which a person liable for the support of theconsumer is being proceeded against, the petition shall be directed to theappropriate court of the county or city in which the person liable for thesupport of the consumer resides.
B. The consumer and his estate shall first be liable for the payment of hisexpenses and thereafter, the person liable for the support of the consumer.Such person shall be the father, mother, husband, wife, or child of theconsumer who has attained the age of majority. Multiple persons shall bejointly and severally liable. The Department shall collect part or all of theexpenses from the several sources as appears proper under the circumstancesand may proceed against all sources, except that the principal or income orboth from a trust created for the benefit of the consumer shall be liable forpayment only as provided in Article 5 (§ 55-545.01 et seq.) of the UniformTrust Code. In evaluating the circumstances, the Department may consider anyevents related to the admission of the consumer for treatment or trainingthat have affected the person liable, such as the infliction of seriousinjury by the consumer on the person who is liable. The proceedings for thecollection of expenses shall conform to the procedure for collection of debtsdue the Commonwealth.
C. Notice of any hearing on the petition of the Department for an order tocompel payment of expenses shall be served at least 15 days prior to thehearing and in the manner provided for the service of civil process on theconsumer and, if there is one, on his guardian, conservator, or trustee, onthe other person legally responsible for the consumer's support, or on theperson against whom the proceedings are instituted.
D. At the hearing, the court shall hear the allegations and proofs of theparties and shall by order require full or partial payment of maintenance bythe liable parties, if they have sufficient ability, having due regard forthe financial condition and estate of the consumer or any other person liablefor his expenses, his present and future needs, and the present and futureneeds of his lawful dependents, if the proceeding is to charge the consumeror any other person liable with such expenses.
E. Upon application of any interested party and upon like notice andprocedure, the court may at any time modify an order to compel payment ofexpenses. If the application is made by any party other than the Department,the notice shall be served on the Commissioner.
F. Any party aggrieved by an order or by the judgment of the court may appealtherefrom in the manner provided by law.
G. Any order or judgment rendered by the court hereunder shall have the sameforce and effect and shall be enforceable in the same manner and form as anyjudgment recovered in favor of the Commonwealth.
(Code 1950, §§ 37-125.6, 37-125.8 to 37-125.12; 1950, p. 918; 1962, c. 80;1968, c. 477, §§ 37.1-110 to 37.1-115; 1972, cc. 382, 590; 1976, c. 671;1978, c. 482; 1979, c. 669; 1982, c. 50; 1987, c. 137; 1990, c. 927; 1997, c.801; 2005, cc. 716, 935.)