Title 16 — Domestic Relations
11 chapters · 258 sections in this title.
16 V.I.C. § 395h Credit for payments
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A tribunal of the Virgin Islands shall credit amounts collected for a particular period pursuant to any child-support order against the amounts owed for the same period under any other child-support order for support of the same child issued by a tribunal of the Virgin Islands, a…
16 V.I.C. § 395i Application of subchapter to nonresident subject to personal jurisdiction
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A tribunal of the Virgin Islands exercising personal jurisdiction over a nonresident in a proceeding under this subchapter under other law of the Virgin Islands relating to a support order, or recognizing a foreign support order may receive evidence from outside the Virgin Island…
16 V.I.C. § 395j Continuing exclusive jurisdiction to modify spousal-support order
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(a) A tribunal of the Virgin Islands issuing a spousal-support order consistent with the law of the Virgin Islands has continuing, exclusive jurisdiction to modify the spousal-support order throughout the existence of the support obligation. (b) A tribunal of the Virgin Islands m…
16 V.I.C. § 401 Proceedings under subchapter
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(a) Except as otherwise provided in this subchapter, this article applies to all proceedings under this subchapter. (b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this subchapter by filing a petition in an initiating tribun…
16 V.I.C. § 402 Proceeding by minor parent
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A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child.
16 V.I.C. § 403 Application of law of the Virgin Islands
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(1) Except as otherwise provided in this subchapter, a responding tribunal of the Virgin Islands shall:(1) apply the procedural and substantive law generally applicable to similar proceedings originating in the Virgin Islands and may exercise all powers and provide all remedies a…
16 V.I.C. § 404 Duties of the initiating tribunal
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(a) Upon the filing of a petition authorized by this subchapter, an initiating tribunal of the Virgin Islands shall forward the petition and its accompanying documents:(1) to the responding tribunal or appropriate support enforcement agency in the responding state; or(2) if the i…
16 V.I.C. § 405 Duties and powers of responding tribunal
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(a) When a responding tribunal of the Virgin Islands receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 405(b), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (b) A res…
16 V.I.C. § 406 Inappropriate tribunal
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If a petition or comparable pleading is received by an inappropriate tribunal of the Virgin Islands, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal the Virgin Islands or another state and notify the petitioner where and when the plea…
16 V.I.C. § 407 Duties of support enforcement agency
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(a) The Division of Paternity and Child Support, as the support enforcement agency, upon request, shall provide services to a petitioner in a proceeding under this subchapter. (b) The Division of Paternity and Child Support when providing services to the petitioner shall:(1) take…
16 V.I.C. § 408 Duty of the Attorney General of the Virgin Islands
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(a) If the Attorney General of the Virgin Islands determines that the Division of Paternity and Child Support is neglecting or refusing to provide services to an individual, the Attorney General may order the Division of Paternity and Child Support to perform its duties under thi…
16 V.I.C. § 409 Private counsel
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An individual may employ private counsel to represent the individual in proceedings authorized by this subchapter.
16 V.I.C. § 410 Duties of the Virgin Islands Information Agency
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(a) The Division of Paternity and Child Support, is the Virgin Islands Central Registry and Information Agency under this subchapter. (b) The Division of Paternity and Child Support as the Information Agency shall:(1) compile and maintain a current list, including addresses, of t…
16 V.I.C. § 411 Pleadings and accompanying documents
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(a) In a proceeding under this subchapter a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under secti…
16 V.I.C. § 412 Nondisclosure of information on exceptional circumstances
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If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. A…
16 V.I.C. § 413 Costs and fees
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(a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of the Virgin Islands may assess against an obligor filing fees, reasonable attorney’s fees, other costs, and necessary travel and other reasonable expense…
16 V.I.C. § 414 Limited immunity of petitioner
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(a) Participation by a petitioner in a proceeding under this subchapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proce…
16 V.I.C. § 415 Nonparentage as defense
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A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this subchapter.
16 V.I.C. § 416 Special rules of evidence and procedure
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(a) The physical presence of a nonresident party who is an individual in a tribunal of the Virgin Islands is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (b) An affidavit, a do…
16 V.I.C. § 417 Communications between tribunals
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A tribunal of the Virgin Islands may communicate with a tribunal outside the Virgin Islands in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status o…
16 V.I.C. § 418 Assistance with discovery
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(1) A tribunal of the Virgin Islands may:(1) request a tribunal outside the Virgin Islands to assist in obtaining discovery; and(2) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside the Virgin Islands. (1) re…
16 V.I.C. § 419 Receipt and disbursement of payments
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(a) A support enforcement agency or tribunal of the Virgin Islands shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a ce…
16 V.I.C. § 424 Establishment of support order
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(a) If a support order entitled to recognition under this subchapter has not been issued, a responding tribunal of the Virgin Islands with personal jurisdiction over the parties may issue a support order if:(1) the individual seeking the order resides outside the Virgin Islands; …
16 V.I.C. § 424a Proceeding to determine parentage
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A tribunal of the Virgin Islands authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this subchapter or a law or procedure substantially similar to this subchapter.
16 V.I.C. § 425 Employer’s receipt of income-withholding order from another state
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An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor’s employer under chapter 13, subchapter I of this title without first filing a petition or comparable pleadin…
16 V.I.C. § 426 Employer’s compliance with income withholding order of another state
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(a) Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a t…
16 V.I.C. § 427 Employer’s compliance with two or more income withholding orders
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If an obligor’s employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish …
16 V.I.C. § 428 Immunity from civil liability
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An employer that complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer’s withholding of child support from the obligor’s income.
16 V.I.C. § 429 Penalties for noncompliance
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An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of the Virgin Islands.
16 V.I.C. § 430 Context by obligor
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(a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in the Virgin Islands by registering the order in a tribunal of the Virgin Islands and filing a contest to that order as provided in …
16 V.I.C. § 431 Administrative enforcement orders
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(a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of the Virgin Islands…
16 V.I.C. § 432 Registration of order of enforcement
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A support order or income withholding order issued in another state or a foreign support order may be registered in the Virgin Islands for enforcement.
16 V.I.C. § 433 Procedure to register order for enforcement
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(a) Except as otherwise provided in section 446e, a support order or income-withholding order of another state or a foreign support order may be registered in the Virgin Islands by sending the following records to the appropriate tribunal in the Virgin Islands:(1) a letter of tra…
16 V.I.C. § 434 Effect of registration for enforcement
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(a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of the Virgin Islands. (b) A registered support order issued in another state or a foreign country is enforceable i…
16 V.I.C. § 435 Choice of law
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(a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs:(1) the nature, extent, amount, and duration of current payments under a registered support order;(2) the computation and payment of arrearages and accrual of interest on t…
16 V.I.C. § 436 Notice of registration of order
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(a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of the Virgin Islands shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the do…
16 V.I.C. § 437 Procedure to contest validity of enforcement of registered support order
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(a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in the Virgin Islands shall request a hearing within the time required by section 436(b)(2). The nonregistering party may seek to vacate the registration, to assert any defense…
16 V.I.C. § 438 Contest of registration or enforcement
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(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:(1) the issuing tribunal lacked personal jurisdiction over the contesting party;(2) the order was…
16 V.I.C. § 439 Confirmed order
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Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
16 V.I.C. § 440 Procedure to register child-support order of another state for modification
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A party or a support enforcement agency seeking to modify or to enforce a child-support order issued in another state shall register that order in the Virgin Islands in the same manner provided in sections 432 through 439.
16 V.I.C. § 441 Effect of registration for modification
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A tribunal of the Virgin Islands may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of the Virgin Islands, but the registered support order may be modified only if the requir…
16 V.I.C. § 442 Modification of child support order of another state
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(a) If section 444 does not apply, upon petition a tribunal of the Virgin Islands may modify a child-support order issued in another state which is registered in the Virgin Islands, if after notice and hearing, the tribunal finds that:(1) the following requirements are met:(A) ne…
16 V.I.C. § 443 Recognition of order modified in another state
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(1) If a child-support order issued by a tribunal of the Virgin Islands is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of the Virgin Islands:(1) may enforce its order that was modified only a…
16 V.I.C. § 444 Jurisdiction to modify child-support order of another state when individual parties reside in the Virgin Islands
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(a) If all of the parties who arc individuals reside in the Virgin Islands and the child does not reside in the issuing state, a tribunal of the Virgin Islands has jurisdiction to enforce and to modify the issuing state’s child-support order in a proceeding to register that order…
16 V.I.C. § 445 Notice to issuing tribunal of modification
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Within 30 days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party kno…
16 V.I.C. § 445a Jurisdiction to modify child-support order of foreign country
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(a) Except as otherwise provided in section 446j, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of the Virgin Islands may assume jurisdiction to modify the child-support order and bind all individ…
16 V.I.C. § 445b Procedure to register child-support order of foreign country for modification
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A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that order in the Virgin Islands under sections 432 through 439 if the order has not been registered. A petition for modification…
16 V.I.C. § 446 Definitions
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(1) In this article:(1) “Application” means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.(2) “Central authority” means the entity designated by the United States or…
16 V.I.C. § 446a Applicability
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This article applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this article is inconsistent with Articles A through F, this article controls.
16 V.I.C. § 446b Relationship of the Virgin Islands Department of Justice, Division of Paternity and Child Support to United States Central Authority
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The Virgin Islands Department of Justice, Division of Paternity and Child Support is recognized as the agency designated by the United States Central Authority to perform specific functions under the Convention.