20-88.70 - Notice of registration of order; contest of validity or enforcement. - Virginia Statutes

§ 20-88.70. Notice of registration of order; contest of validity orenforcement.

A. When a support order or income-withholding order issued in another stateis registered, the registering tribunal shall notify the nonregisteringparty. The notice shall be accompanied by a copy of the registered order andthe documents and relevant information accompanying the order.

B. A notice shall inform the nonregistering party:

1. That a registered order is enforceable as of the date of registration inthe same manner as an order issued by a tribunal of the Commonwealth;

2. That a hearing to contest the validity or enforcement of the registeredorder shall be requested within 20 days after the notice;

3. That failure to contest the validity or enforcement of the registeredorder in a timely manner will result in confirmation of the order andenforcement of the order and the alleged arrearages and precludes furthercontest of that order with respect to any matter that could have beenasserted; and

4. Of the amount of any alleged arrearages.

C. If the registering party asserts that two or more orders are in effect, anotice shall also:

1. Identify the two or more orders and the order alleged by the registeringindividual or support enforcement agency or individual to be the controllingorder and the consolidated arrears, if any;

2. Notify the nonregistering party of the right to a determination of whichis the controlling order;

3. State that the procedures provided in subsection B apply to thedetermination of which is the controlling order; and

4. State that failure to contest the validity or enforcement of the orderalleged to be the controlling order in a timely manner may result inconfirmation that the order is the controlling order.

D. Upon registration of an income-withholding order for enforcement, theregistering tribunal shall notify the obligor's employer pursuant to theincome-withholding for support law of the Commonwealth.

(1994, c. 673; 1997, cc. 797, 897; 2005, c. 754.)