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Virginia What Happens Next?

Once a match has been identified, the Virginia Division of Child Support Enforcement (DCSE) will send a legal notice(s) to the insurance company to intercept disbursement of a claimant's insurance settlement funds for payment of his/her child support arrearages. The insurance company must comply with the provisions under Virginia Child Support Enforcement Laws.

  1. The Virginia Division of Child Support Enforcement (DCSE) will contact you by sending the following document(s) for each of the claimant's child support cases:

    "Order to Withhold" notice (via certified mail) to withhold disbursement of the claimant's assets from Claimant's lump sum settlements, or

    "Order/Notice to Withhold Income" to withhold and disburse incremental payments from Claimant's income

  2. Your company should:

    Hold the lump sum settlement funds until you receive an "Order to Deliver" or a "Notice of Full Release", or

    Withhold and disburse the incremental amount specified per pay period as instructed on the "Order/Notice to Withhold Income" notice

  3. The Virginia Division of Child Support Enforcement (DCSE) will notify the Claimant of the intercept action in order to allow him/her due process. Section 63.2-1942 of the Code of Virginia provides a 10-day waiting period in which he/she may request an administrative hearing to contest the action. The Claimant may also appeal the hearings officer's decision to the appropriate Juvenile and Domestic Relations Court.

  4. Once an insurance claim settlement has been reached, you should notify the DCSE authorized representative of the settlement date and amount. The DCSE will send one of the following documents for each of the claimant's child support cases:

    "Order to Deliver" (if there has been no change in the arrearage amount as listed on the initial "Order to Withhold"), which will provide the amount due to DCSE and remittance instructions.

    New "Order to Withhold" (if there has been an increase in the arrearage amount since the initial "Order to Withhold" was sent) and "Order to Deliver", which will provide the modified amount due to DCSE and remittance instructions.

    "Notice of Partial Release" (if there has been a decrease in the arrearage amount since the initial "Order to Withhold" was sent) and "Order to Deliver", which will provide the modified amount due to DCSE and remittance instructions.

    "Notice of Full Release" (if the claimant no longer owes a child support debt), which will instruct the Insurance Company to release the intercept action.

For questions, contact the DCSE representative listed on the document you received.

Child Support Lien Network
www.childsupportliens.com
888-240-7488

 

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