What Are Administrative Appeals?

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 & Fair Hearings Unit, DCSE Section, Virginia Department of Social Services, 730 East Broad Street, Richmond, Virginia 232191849.

Other Virginia Family Law FAQs

Q: Department Of Child Support Enforcement Contact Information
A: Virginia Department of Social Services 730 East Broad Street Richmond, VA 23219 804.692.1900 More
Q: Dcse District Offices
A: Abingdon District Office 190 Patton Street Abingdon, VA 24210 1(800)9224903 (Toll Free) Areas Served: Bland, Bristol, Buchanan, Dickenson, Giles, Lee, Norton, … More
Q: Do I Need To Tell Dcse When I Move?
A: Yes! Custodial and noncustodial parents are required to notify us promptly and in writing of any change in address.
Q: Can Dcse Help With Questions Or Problems About Custody Or Visitation?
A: No. DCSE cannot address custody or visitation. These issues can only be addressed by a court.
Q: How Can Dcse Assist With Establishing Paternity?
A: If one of the parties applies for DCSE services, DCSE can take steps to establish paternity for a child.
Q: If A Judge Makes A Decision I Disagree With, What Can I Do?
A: You may wish to obtain legal counsel. If the decision (or order) can be appealed, you must appeal to the appropriate court within the specified time period. If you … More
Q: Why Is It So Hard To Reach My Child Support Office By Phone?
A: Customer services representatives are consistently answering telephone inquiries, Monday through Friday, 8 a.m. to 5 p.m. EST. Due to the number of inquiries, you may … More
Q: When I Was A Child, The Non-Custodial Parent Did Not Pay The Support He/She Was Ordered To Pay. Can I Collect The Money That Is Owed?
A: No. Although you are no longer a minor, the child support owed was and continues to be payable to the custodial parent, who was your caretaker during that time. The … More
Q: Do You Have An Attorney I Can Talk To About A Question I Have Related To Child Support?
A: No. DCSE attorneys act on the behalf of the Commonwealth of Virginia. They do not represent the custodial or noncustodial parent or provide individuals with legal … More
Q: Where Is The Scale That Is Used In Setting The Amount Of A Child Support Order?
A: You can review the child support guideline by accessing the Legislative Information System website, and looking at Section 20108.2. of the Code of Virginia. … More