Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Social Services
Board
State Board of Social Services
chapter
Child Support Enforcement Program [22 VAC 40 ‑ 880]
Action:
Administrative Child Support Obligations by Parental Agreement
 
General Information
Action Summary This regulatory action will amend section 240, “Administrative Deviation from the Child Support Guideline”, to allow the Department of Social Services (Department) to issue an administrative support order based on an agreement of the parents. Pursuant to §§ 20-108.1, 20-108.2, and 63.2-1918 of the Code of Virginia (Code), there is a rebuttable presumption that the amount of child support that results from the application of the child support guidelines is the correct amount of child support. Judicial and administrative proceedings may consider factors for rebutting the presumption. For administrative support orders, the agency may consider the following factors when rebutting the presumption: 1) income imputed to a noncustodial parent who is voluntarily unemployed, and 2) income imputed to a noncustodial parent who has failed to provide financial information upon request. This action would add agreement by the parents as a third factor. This factor is already one that judges may consider in court proceedings.
Chapters Affected Only affects this chapter.
Exempt from APA No, this action is not exempt from Article II of the APA and executive branch review.
RIS Project Yes  [005527]
Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation or court case.
No.
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
8310 Fast-Track Stage complete. This regulation became effective on 03/21/2019.
 
Contact Information
Name / Title: Alice Burlinson  / Sr. Asst. Attorney General
Address: 4504 Starkey Road, SW
Roanoke, VA 24018
Email Address: alice.burlinson@dss.virginia.gov
Phone: (540)776-2779    FAX: (804)776-2797    TDD: ()-

This person is the primary contact for this chapter.