Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 880 - CHILD SUPPORT ENFORCEMENT PROGRAM › Section 22VAC40-880-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Appeal" means a request for a review of an administrative
				  action taken by the division, or an action taken to contest a court
				  order.
"Applicant" or "applicant/recipient" means a party who
				  applies for and receives services from the division.
"Application" means a written document requesting child
				  support enforcement services which the department provides to the individual or
				  agency applying for services and which is signed by the applicant.
"Arrearage" means unpaid child or medical support payments,
				  interest, and other costs for past periods owed by a parent to the state or
				  obligee. This may include unpaid spousal support when child support is also
				  being enforced.
"Bad check" means a check not honored by the bank on which it
				  is drawn.
"Case summary" means a written statement outlining the
				  actions taken by the department on a case that has been appealed.
"Child support guideline" means a method for calculating a
				  child support obligation as set out in § 20-108.2 of the Code of
				  Virginia.
"Delinquency" means an unpaid child or medical support
				  obligation. The obligation may include spousal support when child support is
				  also being enforced.
"Department" means the Virginia Department of Social
				  Services.
"District office" means a local office of the Division of
				  Child Support Enforcement responsible for the operation of the child support
				  enforcement program.
"Division" means the Division of Child Support Enforcement of
				  the Virginia Department of Social Services, also known as a IV-D agency.
"Enforcement" means ensuring the payment of child support
				  through the use of administrative or judicial means .
"Federal foster care" means foster care that is established
				  under Title IV-E of the Social Security Act. This is a category of financial
				  assistance paid on behalf of children who otherwise meet the eligibility
				  criteria for TANF and who are in the custody of local social service
				  agencies.
"Financial statement" means the provision of financial
				  information from the natural or adoptive parents.
"Good cause" means, as it pertains to TANF applicants and
				  recipients, an agency determination that the individual is not required to
				  cooperate with the division in its efforts to collect child support.
"Hearing officer" means an impartial person charged by the
				  Commissioner of the Department of Social Services to hear appeals and decide if
				  an agency followed its policy and procedures.
"IV-D agency" means a governmental entity administering the
				  child support enforcement program under Title IV-D of the Social Security Act.
				  In Virginia the IV-D agency is the Division of Child Support
				  Enforcement.
"Locate services" means obtaining information which is
				  sufficient and necessary to take action on a child support case including
				  information concerning (i) the physical whereabouts of the obligor or the
				  obligor's employer, or (ii) other sources of income or assets, as appropriate.
				  Certain individuals and entities such as courts and other state child support
				  enforcement agencies can receive locate-only services from the
				  department.
"Medicaid-only" means a category of public assistance
				  whereby a family receives Medicaid but is not eligible for or receiving
				  TANF.
"Medical support services" means the establishment of a
				  medical support order and the enforcement of health insurance coverage or, if
				  court ordered, medical expenses.
"Obligation" means the amount and frequency of payments which
				  the obligor is legally bound to pay as set out in a court or administrative
				  support order.
"Occupational license" means any license, certificate,
				  registration, or other authorization to engage in a business, trade,
				  profession, or occupation issued by the Commonwealth pursuant to Title 22.1,
				  38.2, 46.2, or 54.1 of the Code of Virginia or any other provision of
				  law.
"Parent" means any natural or adoptive parent; the natural or
				  adoptive parent with whom the child resides; a stepparent or other person who
				  has physical custody of the child and with whom the child resides; a local
				  board that has legal custody of a child in foster care; or a responsible person
				  who is or may be obligated under Virginia law for support of a dependent child
				  or child's caretaker.
"Past due support" means support payments determined under a
				  court or administrative order which have not been paid.
"Pendency of an appeal" means the period of time after an
				  administrative appeal has been made and before the final disposition by an
				  administrative hearing officer, or between the time a party files an appeal
				  with the court and the court renders a decision.
"Putative father" means a person alleged to be the father of
				  a child whose paternity has not been established.
"Recipient" means a person or agency that has applied for or
				  receives public assistance or child support enforcement services.
"Recreational license" means any license, certificate, or
				  registration used for the purpose of participation in games, sports, or
				  hobbies, or for amusement or relaxation.
"Service" or "service of process" means the delivery to or
				  leaving of a child support document, in a manner prescribed by state statute,
				  giving the party reasonable notice of the action being taken.
"Summons" means a document notifying a parent or other person
				  that he or she must appear at a time and place named in the document to provide
				  information needed to pursue child support actions.
Statutory Authority: § 63.2-217 of the Code of
					 Virginia; 42 USC § 651 et seq.