Code of Virginia

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Code of Virginia
Title 63.2. Welfare (Social Services)
Chapter 19. Child Support Enforcement
12/5/2021

§ 63.2-1943. Appeal from decision of hearing officer.

An appeal may be taken by filing a written notice of appeal with the clerk of the court having proper jurisdiction to review the decision of the hearing officer. The clerk shall send reasonable notice of such appeal, which shall include the date and time of the hearing, to the appellee or to the Department when, at the request of another state's child support agency, it is acting on behalf of a nonresident obligee. A nonresident obligee for whom the Department is acting is not required to appear at the hearing. Evidence relative to the support obligation may be taken from a nonresident obligee by deposition and presented by the Department at the hearing. Such appeal shall be taken within ten days of receipt of the hearing officer's decision.

From the decision of the hearing officer provided for in clause (iii) of subsection B of § 63.2-1924, and §§ 63.2-1916, 63.2-1929, and 63.2-1942 there shall be an appeal de novo to the juvenile and domestic relations district court of the jurisdiction wherein the appellant resides. If the appellant is a nonresident, venue on appeal shall be where the appellee resides. If both the appellant and the appellee are nonresidents, venue shall be where the property of the obligor is located or where the place of business of the obligor's employer is located; if more than one venue is available, then the appellant shall elect the place of venue.

An appeal shall be to the circuit court with respect to determinations under the Setoff Debt Collection Act pursuant to Article 21 (§ 58.1-520 et seq.) of Chapter 3 of Title 58.1 concerning state income tax overpayments and with respect to federal income tax set-off actions.

1984, c. 652, § 63.1-268.1; 1987, c. 640; 1988, c. 906; 1990, c. 896; 1991, c. 183; 2002, c. 747.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.