State law requires that a noncustodial parent be given the right to appeal certain administrative actions taken by the Division of Child Support Enforcement Programs (DCSE) to establish and enforce a support obligation. In addition, the custodial parent has the right to appeal any action to establish or adjust a child support obligation.

Administrative Appeal

An administrative hearing is a formal hearing that gives an appellant an opportunity to contest actions taken by DCSE. Either parent may appeal any provision of an Administrative Support Order.

The noncustodial parent may appeal the Notice of Proposed Action for a Mandatory Withholding of Earnings, Advance Notice of Lien (Virginia court orders only), State Income Tax Intercept and Order to Withhold. Matters regarding Federal Income Tax Offset, Consumer Reporting Referral and Comptroller Vendor Debt Set Off can only be appealed after an administrative review decision has been issued by DCSE. In order for the noncustodial parent to appeal the enforcement of the support obligation, the appellant must prove that either: (1) the action was based on a mistake of fact because there was either an error in the identity of the noncustodial parent or an error in the amount of current support or past due support owed, or (2) the funds are exempt from garnishment by law.

A request for an administrative appeal hearing must be made in writing. A request for an appeal of an Administrative Support Order must be received within 10 calendar days of service of the order. Appeal of a State or Federal Income Tax Intercept must be received within 30 calendar days of the order.

The written request for an administrative appeal must be mailed to the Appeals and Fair Hearings Unit, DCSE Section, Virginia Department of Social Services, 7 N. Eighth Street, Richmond, Virginia 23219.

Judicial Review

Either parent may appeal the decision of the hearing officer to the appropriate juvenile and domestic relations district court. All appeals must be filed within 10 calendar days of receipt of the hearing officer's decision. Appeals of Federal/State Tax Intercepts and Vendor Debt-Set Off must be filed in the appropriate circuit court.