Title 16 — Domestic Relations
11 chapters · 258 sections in this title.
16 V.I.C. § 365 Security requirement
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The court or the hearing officer shall in appropriate cases require a person who has an arrearage or overdue support obligation and who has received the notice specified in section 355 of this chapter to give security, post a bond or give some other guarantee to secure the paymen…
16 V.I.C. § 366 Consumer reporting agency
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(a) The Division shall report, on a quarterly basis, all child support obligors who are delinquent in the payment of child support, in an amount at least equal to the support payable for one month, to consumer reporting agencies doing business in the Virgin Islands. Any report to…
16 V.I.C. § 367 Income tax refund withholding to enforce support
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(a) An income tax refund payable by the Virgin Islands Bureau of Internal Revenue or the U.S. Treasury Department which is otherwise due to a support obligor shall be reduced by the amount of any overdue support obligation owed by the support obligor. (b) The amount by which the …
16 V.I.C. § 368 Child support payments as final judgments; prohibition against retroactive modification
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(a) Any payment or installment of support under any child support order, whether pursuant to a court order or pursuant to an order entered by a hearing officer, shall be a final judgment by operation of law, with the full force and effect of a judgment of the courts of the Virgin…
16 V.I.C. § 369 Review of Title IV-D Agency child support orders
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(a) Every three years, all child support orders to which the Division is a party shall be subject to review, and if appropriate, adjustment, in accordance with a publicly available Review and Adjustment Plan established by the Division. The Review and Adjustment Plan shall take i…
16 V.I.C. § 370 Full faith and credit to paternity determinations
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In establishing or enforcing any duty of support under this chapter, the court and the hearing officer shall give full faith and credit to all paternity determinations of any other state, territory of possession of the United States, Commonwealth of Puerto Rico, District of Colum…
16 V.I.C. § 371 Virgin Islands child support case registry
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(a) The Division is designated as the central “State Case Registry” of child support cases in the Virgin Islands. The Division shall use its automated child support enforcement system, known as VIPERS, or any comparable automated system in order to maintain records of:(1) All Tit…
16 V.I.C. § 372 Virgin Islands child support disbursement unit
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(a) The Division is designated as the central “State Disbursement Unit” for the collection and disbursement of all child support payments in the Virgin Islands. Effective on January 1, 1998, all child support obligations, and spousal support obligations ordered in conjunction wit…
16 V.I.C. § 373 Suspension of licenses
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(a) In the event that a child support obligor either:(1) owes overdue child support in the amount of $2,500 or more; or(2) after receiving appropriate notice, fails to comply with subpoenas or warrants relating to paternity or child support proceedings; the Division may, on its o…
16 V.I.C. § 374 Access to locator information from interstate networks
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The Division, and any federal agency authorized to conduct Title IV-D child support enforcement activities, shall have access to any system used by any Virgin Islands government agency or entity to locate an individual for purposes relating to motor vehicles or law enforcement, i…
16 V.I.C. § 375 Recording of Social Security numbers for use in child support enforcement
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(1) In order to facilitate the location of, and enforcement actions against, child support obligors, Virgin Islands government agencies which issue the following licenses, or which maintain records concerning the following matters, shall develop appropriate policies and procedure…
16 V.I.C. § 376 Liens for child support arrearages
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(a) In any case of child support, or spousal support ordered in connection with child support, enforced by the Division, in which overdue support is owed by the obligor who resides or owns property in the Virgin Islands, and notwithstanding any law to the contrary, a lien shall a…
16 V.I.C. § 377 Financial institution data matches
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(a) The Division is hereby authorized and directed to enter into agreements with financial institutions doing business in the Virgin Islands to develop and operate, in coordination with such financial institutions, a data match system, using automated data exchanges to the maximu…
16 V.I.C. § 378 New hire reporting
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(a) An employer who hires or rehires an employee shall send the Department of Labor, not later than 20 days after the date the employer hires or rehires the employee, or on a semimonthly basis of not less than 12 days nor more than 16 days apart if reporting electronically or mag…
16 V.I.C. § 391 Short title
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This subchapter may be cited as the Uniform Interstate Family Support Act.
16 V.I.C. § 392 Definitions; designation of Virgin Islands tribunals and support enforcement agency
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(a) In this subchapter:(1) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent.(2) “Child-suppo…
16 V.I.C. § 393 Remedies cumulative
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(a) Remedies provided by this subchapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (b) This subchapter does not:(1) provide the exclusive method of establishing or enforcing …
16 V.I.C. § 394 Application of subchapter to resident and foreign country and foreign support proceeding
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(a) A tribunal of the Virgin Islands shall apply Articles A through F and, as applicable, Article G, to a support proceeding involving:(1) a foreign support order;(2) a foreign tribunal; or(3) an obligee, obligor, or child residing in a foreign country. (1) a foreign support orde…
16 V.I.C. § 395 Bases for jurisdiction over nonresident
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(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of the Virgin Islands may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if:(1) the individual is personally serv…
16 V.I.C. § 395a Duration of personal jurisdiction
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Personal jurisdiction acquired by a tribunal of the Virgin Islands in a proceeding under this subchapter or other law of the Virgin Islands relating to a support order continues as long as a tribunal of the Virgin Islands has continuing, exclusive jurisdiction to modify its order…
16 V.I.C. § 395b Initiating and responding to tribunal of the Virgin Islands
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Under this subchapter a tribunal of the Virgin Islands may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country.
16 V.I.C. § 395c Simultaneous proceedings
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(a) A tribunal of the Virgin Islands may exercise jurisdiction to establish a support order if the petition is filed after a pleading is filed in another state or a foreign country only if:(1) the petition in Virgin Islands is filed before the expiration of the time allowed in th…
16 V.I.C. § 395d Continuing, exclusive jurisdiction to modify child support order
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(a) A tribunal of the Virgin Islands that has issued a child-support order consistent with the law of the Virgin Islands has and shall exercise continuing, exclusive jurisdiction to modify its child-support order if the order is the controlling order, and:(1) at the time of the f…
16 V.I.C. § 395e Continuing jurisdiction to enforce child support order
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(a) A tribunal of the Virgin Islands that has issued a child-support order consistent with the law of the Virgin Islands may serve as an initiating tribunal to request a tribunal of another state to enforce:(1) the order if the order is the controlling order and has not been modi…
16 V.I.C. § 395f Determination of controlling child-support order
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(a) If a proceeding is brought under this subchapter and only one tribunal has issued a child-support order, the order of that tribunal controls and must be recognized. (b) If a proceeding is brought under this subchapter and two or more child-support orders have been issued by t…
16 V.I.C. § 395g Child support orders for two or more obligees
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In responding to registrations or petitions for enforcement of two or more child-support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tr…
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.