USVI Public Records

(a) A marriage is prohibited and void from the beginning, without being so decreed and its nullity may be shown in any collateral proceeding, when it is between- (1) a man and his grandmother, grandfather's wife, wife's grandmother, father's sister, mother's sister, mother, stepmother, wife's mother, daughter, wife's daughter, son's wife, sister, son's daughter, daughter's daughter, son's son's wife, daughter's son's wife, wife's son's daughter, wife's daughter's daughter, brother's daughter or sister's daughter; (2) a woman and her grandfather, grandmother's husband, husband's grandfather, father's brother, mother's brother, father, stepfather, husband's father, son, husband's son, daughter's husband, brother, son's son, daughter's son, son's daughter's husband, daughter's daughter's husband, husband's son's son, husband's daughter's son, brother's son or sister's son; or (3) any persons either of whom has been previously married and whose previous marriage has not been terminated by death or a decree of divorce. (b) Any of such marriages may also be declared to have been null and void by judicial decree.

A marriage is illegal and shall be void from the time its nullity is declared by decree, if either party thereto- (1) is an idiot or a person adjudged a lunatic; (2) has consented thereto by reason of fraud or force; (3) is incapable, from physical causes, of entering into the marriage itself; or (4) is under the age of consent, which is hereby declared to be 18 years of age. History: Amended Jan. 18, 2020, No. 8255, § 4, Sess. L. 2019, p. -.

(a) A proceeding to declare the nullity of a marriage may be instituted in the case of- (1) an infant under the age of consent by such infant, through a next friend, or by the parents or guardian of such infant; or (2) an idiot or lunatic by next friend. (b) No proceeding to declare the nullity of a marriage may be instituted by a person who, being fully capable of contracting a marriage, has knowingly and willfully contracted any marriage declared illegal by sections 1 and 2 of this title.

If any marriage declared illegal by sections 1 and 2 of this title is entered into in another jurisdiction by persons having and retaining their domicile in the Virgin Islands, such marriage shall be deemed illegal, and may be decreed void in the same manner as if it had been celebrated within the Virgin Islands.

Marriage is hereby declared to be a civil contract which may be entered into between a male and a female in accordance with law.

No marriage shall be valid unless solemnized by- (1) a clergyman or minister of any religion whether he resides in the Virgin Islands or elsewhere in the United States; or (2) witnessed by a Local Spiritual Assembly of the Bahai is according to the usage of their religious community; or (3) any judge or any court of record. History: Amended Dec. 23, 1970, No. 2882, Sess. L. 1970, p. 368.

Whoever, not being a person authorized by section 32 of this title, solemnizes the rites of marriage in the Virgin Islands, shall be fined not more than $500.

Whoever, being authorized by section 32 of this title to solemnize marriages, solemnizes a marriage without first having had delivered to him a license addressed to him, issued by the clerk of the Superior Court and authorizing the marriage, shall be fined not more than $500. History: Amended Sept. 9, 1976, No 3876, § 5, Sess. L. 1976, p. 197.

(a) The clerk of the Superior Court, before issuing any license to solemnize a marriage, shall examine the applicants therefor under oath, and ascertain with respect to each such applicant- (1) the full name, and age at last birthday; (2) date and place of birth; (3) nationality, and usual residence; (4) previous marital status (never married, widowed, divorced, marriage annulled); and (5) whether related to the other applicant, and if so in what degree. (b) The facts required by subsection (a) of this section shall appear in writing on the face of the application. Application forms shall be printed, and shall be supplied by the court. (c) Any false statements in regard to the matters required by subsection (a) of this section or to any other matters called for on the application for a marriage license, shall be perjury. History: Amended May 16, 1957, No. 160, § 31, Sess. L. 1957, p. 28; Oct. 16, 1959, No. 506, § 1, Sess. L. 1959, p. 204; Sept. 9, 1976, No 3876, § 5, Sess. L. 1976, p. 197; amended Jan. 18, 2020, No. 8255, § 1(a), Sess. L. 2019, p. -.

If upon the examination prescribed by § 35 of this chapter, it appears that the applicant is under 18 years of age, the court shall not, under any circumstances issue a marriage license. History: Amended Nov. 29, 1972, No. 3333, Sess. L. 1972, p. 507; amended Jan. 18, 2020, No. 8255, § 1(b), Sess. L. 2019, p. -.

(a) Before any marriage license is issued, the application for such license shall be posted for public examination in the office of the clerk of the court for 8 days. (b) In special cases, however, the court may issue a license without the posting required by subsection (a) of this section.

(a) If it appears from the examination required by section 35 of this title that the parties are legally competent to marry, and if the provisions of sections 36 and 37 of this title, should they be applicable, have been complied with, the Superior Court shall issue a license addressed to some particular minister, judge or other person authorized to solemnize marriage, which shall be in the following form: Number .................... To .................... authorized to celebrate marriage in the Virgin Islands, Greeting: You are hereby authorized to celebrate the rites of marriage between .................... of .................... and .................... of ...................., and having done so, you are commanded to make return of same to this court within ten days under a penalty of $50 for default therein. This license is valid for three months only. Witness my hand and Seal of the Superior Court of .................... this .................... day of .................... Anno Domini ..................... ...................., Judge. (b) Said return shall be made in person or by mail on a coupon issued with said license and bearing a corresponding number therewith within ten days from the time of the marriage, and shall be in the following form: Number .................... I, .................... who have been duly authorized to celebrate the rites of marriage in the Virgin Islands, do hereby certify that, by authority of a license of corresponding number herewith, I solemnized the marriage of .................... and .................... named therein, on the .................... day of .................... at .................... in the Virgin Islands. (c) A second coupon, of corresponding number with the license, shall be attached to and issued with the license, to be given to the contracting parties by the minister or other person to whom such license was addressed, and shall be in the following form: Number .................... I hereby certify that on this .................... day of .................... at ...................., .................... and .................... were by me united in marriage in accordance with the license issued by the Superior Court of ..................... (d) The forms prescribed in subsections (b) and (c) of this section shall be signed and dated by the persons executing them. History: Amended May 16, 1957, No. 160, § 32, Sess. L. 1957, p. 29; Sept. 9, 1976, No 3876, § 5, Sess. L. 1976, p. 197.

The following fees shall be charged: (a) Marriage license including notarization of application $100.00 (b) Marriage by judge $400.00 (c) Marriage license application $100.00 (d) Such fees shall be paid over to the Treasury of the Virgin Islands. The following fees shall be charged: (a) Marriage license including notarization of application $100.00 (b) Marriage by judge $400.00 (c) Marriage license application $100.00 (d) Such fees shall be paid over to the Treasury of the Virgin Islands. History: Amended June 8, 1959, No. 434, §§ 2, 3, Sess. L. 1959, p. 48; Nov. 7, 1983, No. 4877, § 306(d), Sess. L. 1983, p. 229; Apr. 28, 1993, No. 5835, § 3(b), Sess. L. 1993, p. 22; July 14, 2003, No. 6585, § 11, Sess. L. 2003, p. 30; Apr. 9, 2011, No. 7248, § 14(1)-(3), Sess. L. 2011, p. 17.

Whoever, having solemnized the rites of marriage under authority of a license issued pursuant to section 38 of this title, fails to make return as therein required, shall be fined not more than $50.

(a) Each Superior Court shall provide a record book consisting of applications and licenses in blank, to be filled up with information on the parties for whose marriages any licenses are issued. The applications and licenses shall be numbered consecutively from "1" upwards. (b) The Superior Court shall also keep a record book in which shall be recorded, in the order of their numbers, the certificates of the ministers or other persons authorized, upon their returns to the court, corresponding to the record book of licenses issued. (c) A copy of any license and certificate of marriage so kept and recorded, certified by the judge or the clerk of the Superior Court under his hand and the seal of the court, shall be competent evidence of the marriage. History: Amended May 29, 1959, No. 417, § 1, Sess. L. 1959, p. 23; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

History: Repealed. Jan. 14, 2022, No. 8527, § 1, Sess. L. 2021, p. 235.

When property is owned by either husband or wife, the other has no such interest as will make the same liable for the contract or liabilities of either the husband or wife who is not the owner of property, except as otherwise provided in this chapter.

The common law doctrine of interspousal immunity is hereby declared to be abolished and either spouse may sue and be sued, not only free from the other spouse's participation and control, but they also may sue one another for injuries to person or property to the same extent and manner as if unmarried. History: Amended Mar. 16, 1973, No. 3397, Sess. L. 1973, p. 15.

A conveyance, transfer or lien executed by either husband or wife to or in favor of the other, shall be valid to the same extent as between other persons.

A husband or wife may constitute the other his or her attorney in fact, to control or dispose of his or her property and may revoke the same to the same extent and manner as other persons.

Neither spouse is liable for the debts or liabilities of the other incurred before marriage, and, except as otherwise provided in this chapter, they are not liable for the separate debts of each other nor is the rent or income of property of either liable for the separate debts of the other.

The husband and wife shall have the right to manage and dispose of their respective estates, except as otherwise provided in this chapter.

The property and pecuniary rights of every married woman at the time of her marriage or afterwards acquired by gift, devise, or inheritance shall not be subject to the debts or contracts of her husband, and she may manage, sell, convey or devise the same by will to the same extent and in the same manner that her husband can property belonging to him.

The property, either real or personal, acquired by any married woman during coverture by her own labor shall not be liable for the debts, contracts, or liabilities of her husband, but shall in all respects be subject to the same exemptions and liabilities as property owned at the time of her marriage or afterwards acquired by gift, devise or inheritance.

For all civil injuries committed by a married woman damages may be recovered from her alone, and her husband shall not be responsible therefor, except in case where he would be jointly responsible with her if the marriage did not exist.

Contracts may be made by a wife, and liabilities incurred, and the same enforced by or against her to the same extent and in the same manner as if she were unmarried.

A vesper marriage is a civil contract by and between two competent persons of opposite sex, each of whom shall have attained the age of sixty years, by which the parties agree to live together in the relationship of husband and wife without acquiring any interest in or claim upon the marital estate, property and income of the other and without any legal right of inheritance, one from the other, in accordance with provisions and conditions of this subchapter. History: Added Oct. 27, 1981, No. 4655, Sess. L. 1981, p. 272.

(a) Upon a form to be provided by the clerk, the parties may apply to the Superior Court for a license to contract a vesper marriage. The application form shall contain the following statements: (1) That each of the parties has attained the age of sixty years; (2) That each of the parties is free to marry and is not married to any other living person, and (3) That each party acknowledges that, upon contracting a vesper marriage, he or she forever renounces all right, interest and claim of right or interest in the estate of his or her intended spouse except as herein provided. (b) Each of the parties applicant shall execute the application in the presence of the clerk or his deputy and shall acknowledge before such officer that he or she does so freely and with full understanding of the content of the application. (c) If satisfied that the parties are legally competent to be married, a judge of the Superior Court shall issue, upon payment of a fee of $50.00 by the applicant, a license authorizing any qualified officer to perform the marriage ceremony and issue a Certificate of Vesper Marriage. History: Added Oct. 27, 1981, No. 4655, Sess. L. 1981, p. 272; amended May 9, 2011, No. 7260, § 3(1.), Sess. L. 2011, p. 83.

Certificate; Fee; Time Limitation (a) The clerk, his deputy, any ordained minister of an established church or any officer authorized by law of the Virgin Islands to administer oaths and take acknowledgments is qualified to perform a Vesper Marriage Ceremony. (b) Upon the performance of a vesper marriage the officer or minister shall issue a Certificate of Vesper Marriage, drawn upon a form furnished by the clerk, certifying that the parties have been joined in vesper marriage upon the date stated in the certificate. The original of the certificate shall be handed to the parties and a copy shall be delivered forthwith to the Superior Court for filing. Failure of the officer to deliver a copy of the certificate for filing shall be punishable as a misdemeanor with the maximum fine of $100.00. (c) If the license is not exercised within ten days after its issuance it shall be null and void. (d) If the marriage ceremony is performed by a judge or the clerk of the Superior Court, the clerk shall collect a fee of $50.00. All fees collected under this subchapter shall be covered into the Treasury of the Virgin Islands. History: Added Oct. 27, 1981, No. 4655, Sess. L. 1981, p. 272; amended May 9, 2011, No. 7260, § 3(2.), Sess. L. 2011, p. 83.

(a) Couples joined in vesper marriage are entitled to and shall enjoy all of the rights and privileges afforded married couples generally, except as otherwise provided herein and as pertains to taxation and the receipt of pension benefits. (b) Each party to a vesper marriage shall owe to the other the duties and obligations of care, maintenance and support so long as the parties cohabit. These duties and obligations shall cease in the event that the parties shall separate one from the other and discontinue cohabitation, except as otherwise provided herein. (c) For purpose of taxation and the receipt of pension benefits, parties to a vesper marriage shall be considered and treated as single persons as though they had not entered into the marriage contract. History: Added Oct. 27, 1981, No. 4655, Sess. L. 1981, p. 272.

(a) (1) At any time during the first year of the marriage either party may terminate the marriage relationship by ceasing to live with the other party, notifying the other party in writing of his or her intent to file a Notice of Termination and by filing a Notice of Termination in the Superior Court upon a form to be furnished by the clerk. The marriage relationship shall be considered as terminated ten days after the notice is filed. (2) Proof of service of the notice of intent to file Notice of Termination may be established by receipt signed by the other party, by affidavit reciting personal service or by personal service by the Virgin Islands marshal and probation officer of the Superior Court or his deputy. (3) A copy of the Notice of Termination shall be mailed without delay to the other party at his or her last known address by the clerk. (b) (1) After one year of the marriage the relationship may be terminated only by separation and mutual agreement of the parties. Upon such agreement the parties shall file a Notice of Termination and Dissolution, executed by each party in the presence of the clerk or his deputy, in the Superior Court. The marriage relationship shall be dissolved upon the filing of this notice. (2) Absent an agreement of the parties, after one year of marriage, a vesper marriage can be dissolved only by an action filed in and determined by a court of competent jurisdiction to hear and determine marital disputes and grant decrees of divorce. In such action no award of support or alimony shall be granted unless it shall be made to appear that one of the parties has been rendered dependent by reason of the marriage and that the other party is financially able to contribute to the other's support. Upon such showing the court may award an amount sufficient to maintain the dependent party within the means of the other. Such an award shall not become a charge against or upon the contributor's estate. (c) A fee of $50.00 shall be collected by the clerk for filing a Notice of Termination or a Notice of Termination and Dissolution. History: Added Oct. 27, 1981, No. 4655, Sess. L. 1981, p. 272; amended May 9, 2011, No. 7260, § 3(3.), Sess. L. 2011, p. 83; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113.

Nothing contained in this subchapter shall be construed as prohibiting the acquisition, by the parties to a vesper marriage, of property by the entirety nor shall it be construed as preventing or limiting the right of either spouse to dispose of his or her estate by testamentary disposition including the right to bequeath and devise property to his or her spouse. The right of either spouse to inherit under the will or testament of the other shall not be affected by the provisions hereof. History: Added Oct. 27, 1981, No. 4655, Sess. L. 1981, p. 272.

(a) The general purposes of this chapter are to: (1) Assure victims of domestic violence the maximum protection from abuse that the law can provide; (2) Create a flexible and speedy remedy to discourage violence and harassment against family members or others with whom the perpetrator has continuing contact; (3) Expand the ability of the Virgin Islands Police Department and law enforcement officers to assist victims, to enforce the law effectively in cases of domestic violence, and to prevent further incidents of abuse; (4) Develop a greater understanding within the Virgin Islands community of the incidences and causes of domestic violence through data collection; (5) Facilitate equal enforcement of the criminal laws of the Territory by deterring and punishing violence against family members and others who are personally involved with the offenders; and (6) Recognize that battering is a serious crime which will no longer be excused or tolerated. (b) This chapter shall be liberally construed to promote the general purpose stated in this section. History: Added Oct. 29, 1990, No. 5646, § 3, Sess. L. 1990, p. 368.

As used in this chapter, unless the context clearly indicates otherwise: (a) "Cohabitants" means emancipated minors or persons 18 years of age or older of the opposite sex who have resided together or who currently are residing in the same living quarters or persons who together are the parents of one or more children, regardless of their marital status or whether they have lived together at any time. (b) "Domestic violence" means the occurrence of any of the following acts, attempts or threats against a person who may be protected under this chapter pursuant to subsection (c) of this section: (1) Assault; (2) Battery; (3) Burglary; (4) Kidnapping; (5) Unlawful sexual contact; (6) Rape; (7) Forcible or unlawful entry; (8) Coercion; (9) Destruction of property; (10) Harassment; (11) Threats; (12) False imprisonment; or (13) Stalking. (14) Violation of a restraining order issued pursuant to section 97(b)(2) or section 98 of this chapter. (15) Revenge Porn. (c) "Victim" includes any person who has been subjected to domestic violence by a spouse, former spouse, parent, child, or any other person related by blood or marriage, a present or former household member, a person with whom the victim has a child in common, or a person who is, or has been, in a sexual or otherwise intimate relationship with the victim. (d) "Coercion" means compelling another by force, or threat of force, to engage in conduct from which the latter has a right to abstain, or to abstain from conduct in which the person has a right to engage. (e) "Destruction of property" means causing damage to the property of another, or to property jointly owned by the perpetrator and another. (f) "Harassment" means engaging in a purposeful, knowing or reckless course of conduct involving more than one incident that alarms, or causes distress to another person and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer distress and must actually cause distress. Such conduct shall include, but shall not be limited to: (1) following another about in a public place or places with the intent to distress or intimidate the victim; (2) peering in the window, or trespassing or coming upon or about the premises of the victim so as to intrude on privacy or create a menacing or threatening situation. History: Added Oct. 18, 1984, No. 5013, § 9, Sess. L. 1984, p. 347; amended Oct. 29, 1990, No. 5646, § 4, Sess. L. 1990, p. 369; May 2, 1994, No. 5972, § 2, Sess. L. 1994, p. 55; Mar. 24, 1998, No. 6217, § 2(a), Sess. L. 1998, p. 218; amended Apr. 11, 2024, No. 8820, § 2, Sess. L. 2024, p. -.

(a) The Virgin Islands Police Department, or other law enforcement agencies, upon request to the Department or other enforcement agency, shall respond to every request for assistance or protection, from or on behalf of a victim of alleged domestic violence, whether or not an order has been issued against the alleged abuser. (b) A lower priority shall not be assigned to calls involving alleged incidents of abuse or violations of orders relative to domestic violence than is assigned in responding to like offenses involving strangers. Existence of any of the following factors shall be interpreted by police dispatchers as indicating a need for immediate response: (1) The caller indicates that violence is imminent or is in progress; (2) An order relative to domestic violence is in effect; or (3) The caller indicates that incidents of domestic violence have occurred previously between the parties. (c) If the police or other law enforcement officer has reason to believe that a person is a victim of domestic violence, the officer shall use all reasonable means to prevent further domestic violence and to ensure the victim's safety including: (1) exercising arrest powers pursuant to section 94 of this chapter; (2) attempting to persuade the offender to leave the household if there is not probable cause to make an arrest and the victim perceives continuing danger; (3) filling out and filing a domestic violence report as provided by section 93 of this chapter; (4) interviewing the parties and children in separate rooms to ensure that the victim, as well as the children, have an opportunity to speak freely; (5) providing or arranging for transportation for the victim to a safe place or shelter, if such transportation is desired; (6) interviewing the children regarding the facts of the assault; (7) providing or arranging transportation for the victim to the nearest hospital or medical facility for treatment of injuries, if such treatment is needed or desired; (8) reading to the victim, the oral statement of rights as provided under section 92 of this chapter and written information about the nearest shelter or other agency providing service to victims of domestic violence; (9) advising the victim of the importance of preserving evidence and of the types of evidence that should be preserved; (10) taking photographs of any visible injuries or property damage whenever necessary or appropriate; (11) remaining on the scene of an incident of domestic violence as long as the victim remains in danger; (12) accompanying the victim to a previous residence to remove personal belongings; and (13) supervising the court ordered removal of an abuser from a residence shared with a victim. History: Added Oct. 29, 1990, No. 5646, § 5, Sess. L. 1990, p. 370.

In giving notice to a victim of the victim's rights as provided in section 91a, subsection (c), paragraph (8) of this chapter, the officer shall read the following statement aloud and provide the victim with a card bearing the same information written in both English and Spanish: "My name is Officer ____________________; my badge number is ____________________. The law requires that I offer the following services to persons such as yourself who are victims of domestic violence: (a) If a crime has been committed against you, I must arrest the suspect immediately, or I must remove the suspect from the household or try to persuade him to leave the household; (b) I must drive you or help you find transportation to the nearest hospital or medical facility for treatment of injuries if you need or want treatment; (c) If you want to leave the residence, I must drive you or help you find transportation to the nearest shelter for victims of domestic violence, or to any other nearby place where your safety will be assured; and (d) I must make all reasonable efforts to make sure that you are safe." In addition, the officer shall give the victim a written copy of the following statement in English and Spanish: "(a) The law provides that you may seek a court order prohibiting further abuse of yourself, your children, or anyone in your household, if you are affected by the abuse, or if the victim is unable to seek help. You do not need to hire a lawyer to get a court order. (b) The court order may order the person who abused you to move out of the residence where you live, to pay your rent there or elsewhere, or to pay support for you or your children. The court may give you custody of your children. It may order the abuser to stay away from your children. It may order the abuser to stay away from your workplace, or other places where you frequent. The order may restrain the abuser from calling you or writing you letters. It may order the abuser to pay your medical bills or to participate in counseling. You may request any or all of these things, or ask for other protection, as part of a court order. (c) To get a court order, go to Superior Court, which is located at ____________________. Ask the Clerk of the Court for complaint forms. If you are in immediate danger you usually can get an order the day you file the petition. (d) If the person who assaulted you violates this order, that person may be arrested and punished or may be required to remedy the violation. (e) You also have the right to request that the prosecutor file a criminal complaint against the person who assaulted you. If convicted of a crime, the abuser may be placed on probation and ordered to see a counselor, or the abuser may be put in jail or fined. (f) On nights, weekends, and holidays, when the courts are closed, you may obtain emergency assistance by calling the police or by calling ____________________ to find a judge." History: Added Oct. 18, 1984, No. 5013, § 9, Sess. L. 1984, p. 347; amended Oct. 29, 1990, No. 5646, § 6, Sess. L. 1990, p. 371.

(a) It shall be the duty of a police officer, or other peace officer, who responds to a domestic violence call to complete a Domestic Violence Report, which shall be made part of and attached to the Report of Crime Against Person or Property, and to forward a copy of the entire report to the Department of Justice and the Clerk of the Court of the Family Division of the Superior Court within five (5) days of the alleged incident. (b) The Domestic Violence Report shall be on a form prescribed by the Police Commissioner which shall include, but not be limited to, the following information: (1) The relationship of the parties; (2) The sex of the parties; (3) The time and date the complaint was received; (4) The time the officer began investigation of the complaint; (5) Whether children were involved, or whether the alleged act of domestic violence had been committed in the presence of children; (6) The type and extent of abuse; (7) The number and type of weapons involved; (8) The amount of time involved in handling the case and the action taken by the police officer; (9) The effective date and terms of an Order issued pursuant to this chapter concerning the parties; and (10) Any other data that may be necessary for a complete analysis of all circumstances leading to the alleged incident of domestic violence. (c) It shall be the duty of the Police Commissioner to compile and report annually to the Governor and the Legislature on the data tabulated from the Domestic Violence Reports. The report shall include, but not be limited to, the following information: (1) The total number of domestic violence calls received; (2) The number of calls made by victims of each sex; (3) The number of domestic violence calls investigated; (4) The average time-lapse in responding to these calls; (5) The types of police actions taken in disposition of these cases, including the number of arrests. (d) The Police Commissioner shall establish procedures to insure that dispatchers and officers at the scene of an alleged incident of domestic violence are informed of any verified Order issued pursuant to this chapter and in force concerning the parties, or of any prior recorded incident of domestic violence involving the parties. (e) The Police Commissioner shall establish, within the Virgin Islands Police Department, a Domestic Violence Unit which will be responsible for insuring that all incidences of domestic violence are properly prosecuted and that the provisions of this chapter are strictly adhered to. (f) The Clerk of the Court of the Family Division of the Superior Court shall forward certified copies of all protective orders to all police zone commands within the island on which the victim resides within one business day of issuance of the order. History: Added Oct. 18, 1984, No. 5013, § 9, Sess. L. 1984, p. 347; amended Act June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Oct. 29, 1990, No. 5646, §§ 7-10, Sess. L. 1990, p. 373.

(a) A police officer, or other peace officer, shall make an arrest without a warrant if the officer has probable cause to believe that a misdemeanor or felony involving domestic violence, as defined by section 91 of this chapter, has been committed by the suspect in violation of a court order or any criminal statute of this Territory. (b) Any clear and specific written statement by a person alleging that he witnessed the suspect commit an act of domestic violence against another constitutes probable cause for an officer to believe that the offense was committed and probable cause to believe that the suspect committed the offense. (c) In the absence of a statement, as provided in subsection (b) of this section, the officer shall consider the following factors in determining whether probable cause exists: (1) whether a victim or a witness alleges that an incident of domestic violence occurred; (2) whether there are visible injuries, torn clothing, disruption of physical surroundings, or other physical evidence of domestic violence; and (3) whether the dispatcher indicated a report of imminent violence or violence in progress. (d) Arrests pursuant to this section shall be made whether or not the offense was committed in the presence of the officer. (e) The existence of any of the following circumstances shall not be considered in any determination of probable cause to believe that a crime was committed by a person alleged to have committed it: (1) The victim knows the accused; (2) The victim has not made efforts to obtain a divorce, or a protective order, or to flee the residence; (3) The officer believes that the victim will not pursue criminal prosecution, or that the prosecutor will refuse to file charges based on the alleged incident; (4) The officer believes that reconciliation is preferable to arrest; (5) There are no witnesses to the incident; (6) The suspect is not in an agitated or argumentative state; (7) The victim has called the police on previous occasions; or (8) The parties have reconciled despite previous domestic violence or issuance of a restraining order. History: Added Oct. 18, 1984, No. 5013, § 9, Sess. L. 1984, p. 347; amended Oct. 29, 1990, No. 5646, § 11, Sess. L. 1990, p. 373.

Law enforcement agencies and peace officers shall not be liable for personal injury or property damage which occurs in the course of any good-faith effort to protect a victim of domestic violence, including, but not limited to, action taken during the course of an arrest, an attempt to separate two parties or to enforce a court order, or action taken during the transportation of the victim to a shelter, hospital, or other safe place. History: Added Oct. 18, 1984, No. 5013, § 9, Sess. L. 1984, p. 347; amended Oct. 29, 1990, No. 5646, § 11, Sess. L. 1990, p. 373.

(a) A victim may file a complaint alleging the commission of an act of domestic violence with the Family Division of the Superior Court. The complaint may be filed in any judicial division where: (1) the plaintiff resides; (2) the defendant resides; (3) the alleged abuse occurred; or (4) the plaintiff is temporarily located if she has left her residence to avoid further abuse. (b) The court in domestic violence actions shall not dismiss any complaint or delay disposition of a case because of the concurrent dissolution of a marriage, other civil proceedings, or because the victim has left the residence to avoid further incidents of domestic violence. Filing a complaint pursuant to this section shall not prevent the filing of a criminal complaint for the same act. (c) The court shall waive any requirement that the petitioner's place of residence appear on the complaint. (d) The Clerk of the Court, or other person designated by the court, shall assist the parties in completing any forms necessary for the filing of a summons, complaint, answer or other pleading. (e) Summons and complaint forms shall be readily available at the Clerk's Office of the Family Division of the Superior Court. (f) All pleadings, process, and other orders filed pursuant to this chapter shall be served upon the defendant in accordance with the rules of the court. If personal service cannot be effected upon the defendant, the court may order other appropriate substitute service. History: Added Oct. 18, 1984, No. 5013, § 9, Sess. L. 1984, p. 347.

(a) A hearing shall be scheduled in court within 10 days of filing a complaint, provided that the defendant has received notice of the Court proceedings. At the hearing the standard for proving the allegations in the complaint shall be by a preponderance of the evidence. (b) At the hearing the Court may issue an Order granting any or all of the following relief: (1) An Order prohibiting the defendant from subjecting the plaintiff to domestic violence, as defined in section 91(b). (2) An Order prohibiting the defendant from having contact with the plaintiff, including, but not limited to, restraining the defendant from entering the plaintiff's residence, place of employment or business, or school. The Court shall prohibit the defendant from harassing the plaintiff or the plaintiff's relatives in any way. (3) An Order granting possession of the residence to the plaintiff and excluding the defendant when the residence or household is jointly owned or leased by the parties. No Order shall affect any interest in the residence held by either party, but the Court may prohibit the defendant from transferring, encumbering, or otherwise disposing of specified property mutually owned or leased by the parties. Sole ownership in the name of the defendant of the real property constituting the residence of the parties shall not bar the Court from issuing an Order restraining the defendant from entering the residence. When the defendant has a duty to support the plaintiff or minor children living in the residence or household and the defendant is sole owner or lessee of the residence, an Order granting possession of the residence or household to the plaintiff and excluding the defendant may be issued or, upon consent of the parties, the defendant may be allowed to provide suitable, alternate housing for the plaintiff. The Court may amend its Order at any time upon petition by either party. Upon the issuance of an Order pursuant to the aforesaid paragraph, the Court may order a police officer or marshal to accompany either party to the residence to supervise the removal of personal belongings in order to insure the safety of the plaintiff. (4) An Order determining temporary child support or child custody, or establishing visitation rights, provided that these issues have not been resolved nor are being litigated between the parties. The Court may protect the safety of the plaintiff by specifying a place of visitation away from the plaintiff or take any other appropriate precaution necessary to protect the safety and well-being of the plaintiff and minor children. (5) An Order requiring the defendant to pay monetary compensation for losses suffered as a direct result of the act of domestic violence. Compensatory losses shall include, but not be limited to, loss of earnings or support, out-of-pocket losses for injuries sustained, moving expenses and reasonable attorney's fees. (6) An Order granting the plaintiff temporary possession of specified personal property, such as automobiles, checkbooks, keys, and other personal effects. (7) An Order requiring the defendant to receive professional counseling or other appropriate treatment from either a private source or a source appointed by the Court and, in the Court's discretion, requiring the defendant to provide the Court at specified intervals with documentation of attendance at the professional counseling or treatment center. (c) Violation of an Order issued pursuant to this chapter shall constitute contempt and each Order shall so state. (d) Any Order issued under this section shall be effective for a fixed period not to exceed twenty-four months, except that such Order may be extended, renewed, or modified by Order of the Court upon good cause shown. (e) In addition to any other provision of law, violation of an order issued pursuant to section 97(b)(2) or section 98 of this chapter shall constitute the crime of domestic violence, and whoever willfully violates such an order shall be guilty of a misdemeanor and shall be fined not more than $5,000 and imprisoned for not more than 180 days. (f) A person charged with an offense under subsection (e) herein shall be scheduled to stand trial within 90 days of the date of his arrest. History: Added Oct. 18, 1984, No. 5013, § 9, Sess. L. 1984, p. 347; amended Oct. 13, 1993, No. 5893, § 4, Sess. L. 1993, p. 238; Mar. 24, 1998, No. 6217, § 2(b), Sess. L. 1998, p. 218.

(a) In addition to the relief sought in section 97 of this chapter, a plaintiff may seek emergency ex parte relief in the nature of a Temporary Restraining Order. Whenever emergency relief is sought by the plaintiff, the Clerk of the Court, or other person designated by the Court, shall immediately transmit the complaint to the Family Division Judge of the Superior Court by the close of business on the day relief is sought. When the Family Division is closed, the Superior Court may arrange for any available judge to grant ex parte relief, upon a showing that dire emergency conditions exist. (b) Generally, the Court may enter ex parte orders, upon good cause shown, when necessary to protect the life, health or wellbeing of a victim on whose behalf the relief is sought. Emergency relief may constitute all relief available under this chapter, together with any other appropriate relief. (c) An Order granting emergency relief shall immediately be forwarded to the Virgin Islands marshal and probation officer of the Superior Court for immediate service upon the defendant. Notice of the Order for emergency relief shall also be sent to the appropriate Chief of Police. (d) A Temporary Restraining Order shall remain in effect until further action by the Court, but not for more than ten days after it has been issued; Provided, however, That on 24 hours notice to the plaintiff, the defendant may appear and move for its dissolution or modification and, in that event, the Court shall proceed to hear and determine such motion as expeditiously as the ends of justice require. History: Added Oct. 18, 1984, No. 5013, § 9, Sess. L. 1984, p. 347; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113.

Duties of the Court in criminal actions for domestic violence: (a) A person arrested for a crime that constitutes domestic violence must appear before a judge for bail determination. In addition to the other standard factors, a judge shall determine whether to grant bail or to detain the defendant pending trial upon review of the following factors: (1) the degree of injury to the victim; (2) the defendant's history of domestic violence as documented by police reports, other credible reports; (3) the use or threatened use of a weapon; (4) the potential threat to the alleged victim or other family or household member; (5) the potential threat to the public; and (6) the likelihood that the defendant will appear for trial. (b) A person arrested for or charged with a crime that constitutes domestic violence shall be admitted to bail as follows: (1) one thousand dollars, if the defendant has no prior conviction for domestic violence, and the use or threatened use of a weapon was not involved and there is no reason to believe that the crime for which the person was arrested resulted in substantial bodily harm; however, bail must be determined based on the defendant's risk to the victim and the community and fully secured where there is clear and convincing evidence of a threat to the victim or likelihood of flight or (2) five thousand dollars and, if the person has and: (A) no previous conviction for domestic violence and the use or threatened use of a weapon was not involved, but there is reason to believe that the crime for which the person was arrested resulted in substantial bodily harm; however, bail must be determined based on the defendant's risk to the victim and the community and fully secured where there is clear and convincing evidence of a threat to the victim or likelihood of flight or (B) one previous conviction for domestic violence, and the use or threatened use of a weapon was not involved, and there is no reason to believe that the crime for which the person was arrested resulted in substantial bodily harm; however, bail must be determined based on the defendant's risk to the victim and the community and fully secured where there is clear and convincing evidence of a threat to the victim or likelihood of flight or (3) fifteen thousand dollars, if the person has: (A) no previous convictions for domestic violence, but the use or threatened use of a weapon was involved; or (B) one previous conviction for domestic violence and there is reason to believe that the crime for which the defendant was arrested resulted in substantial bodily harm; however, bail must be determined based on the defendant's risk to the victim and the community and fully secured where there is clear and convincing evidence of a threat to the victim or likelihood of flight or (C) one previous conviction for domestic violence and the use or threatened use of a weapon was involved; or (D) the defendant has two or more convictions for domestic violence. (4) If the underlying crime has a higher bail amount than the amount in subsection (b) of this section, the higher bail amount shall apply. (c) When a defendant charged with a crime or offense involving domestic violence is released from custody before trial on bail or personal recognizance, the Court authorizing the release may as a condition of release issue an Order prohibiting the defendant from having any contact with the victim, including, but not limited to, restraining the defendant from entering the victim's residence, place of employment or business, or school, and from harassing the victim or victim's relatives in any way, prohibiting the defendant from using or possessing a firearm or any other weapon, from possessing or consuming any alcohol or controlled substances and by imposing any other order required to protect the safety of the alleged victim or to ensure the defendant's appearance in court. The Clerk of the Court, or other person designated by the court, shall provide a copy of this Order to the victim forthwith. If the People can prove by clear and convincing evidence that the defendant contacted the victim in violation of a protective order, the defendant shall be remanded to custody and bail shall be reconsidered based on the severity of the violation. The court may consider alternative non-monetary conditions, such as electronic monitoring, house arrest, or mandatory check-ins where the defendant demonstrates financial hardship, provided these measures sufficiently protect the victim. The court shall also consider risk assessments, victim statements, and law enforcement recommendations when setting bail or release conditions to ensure protection of victims while upholding constitutional protections. To be released, the defendant must demonstrate to the Court that he is not a danger to the victim. (d) When a defendant is found guilty of a crime or offense involving domestic violence and a condition of sentence restricts the defendant's ability to have contact with the victim, that condition shall be recorded in an Order of the Court and a written copy of that Order shall be provided to the victim by the Clerk of the Court or other person designated by the Court. (e) Upon conviction of a crime or offense involving domestic violence, the Court may require, in lieu of or in addition to a term of incarceration, that the defendant receive professional counseling or other appropriate treatment from either a private source or a source appointed by the Court, and the Court shall require the defendant to provide documentation of attendance at the professional counseling or treatment center. "Appropriate treatment options include a certified Partner Abuse Intervention Program." The court may require the defendant to complete a domestic violence intervention program from a court approved provider. (f) In criminal actions for domestic violence, the prosecuting attorney shall charge in the information that the alleged act is an act of domestic violence. (g) Upon a conviction for a domestic violence offense the judgment shall so indicate. (h) In criminal actions for domestic violence, a defendant charged for the first time in the Virgin Islands with a misdemeanor domestic violence offense shall have the right, within 30 days of arraignment, to plead guilty and receive the deferred sentence described and set forth in section 99a of this chapter, if such defendant waives in writing any rights he might otherwise have to a speedy disposition of the case at issue, unless the prosecutor or the Court files a written objection. The Court shall notify such defendant of the right to a deferred sentence at the arraignment. (i) If the prosecutor files a timely written objection, the defendant shall not be entitled to the deferred sentence set forth in section 99a of this chapter. The Court, or prosecutor, shall object if the victim requests. The Court and prosecutor may consider the following factors in determining whether to offer a deferred sentence: (1) the relative severity of the victim's injuries, if any; (2) the prior criminal history of the defendant; (3) the history of previous incidents of domestic violence, if any, as related by the victim; (4) the degree to which the defendant demonstrates motivation to participate in counseling and to stop acts of domestic violence; and (5) the availability of a counseling or treatment program willing to accept the defendant, and the intensity of such program. History: Added Oct. 18, 1984, No. 5013, § 9, Sess. L. 1984, p. 347; amended Oct. 29, 1990, No. 5646, §§ 12, 13, Sess. L. 1990, p. 375; Mar. 5, 2005, No. 6730, §§ 38(a)-(b), Sess. L. 2005, p. 111.

(a) The Court shall maintain a record of those charged with a domestic violence offense in the Virgin Islands to enable the Court to determine the eligibility of an accused for a domestic violence counseling program. (b) When a defendant elects to plead guilty to a misdemeanor with a deferred sentence, the Court shall defer sentence for a period not less than six (6) months nor greater than two (2) years, and shall require the defendant to attend, fully participate in, fully cooperate with, and successfully complete a domestic violence counseling or education program during the pendency of the deferred sentence. (c) Upon notification that the defendant who has previously pleaded guilty under this section has successfully completed the domestic violence education program, the Court shall not impose an incarcerative penalty but may impose other sentencing provisions which the Court might have otherwise imposed had the defendant opted not to proceed under this section including, but not limited to, probation, restitution and continued treatment, or counseling. Upon finding that a defendant has violated probation, the Court shall be empowered to sentence the defendant to any sentence the Court could have imposed had the defendant not opted to proceed under this section. (d) Upon a finding by the Court that a defendant whose sentence has been deferred under this section has failed to successfully complete a domestic violence counseling or education program, or has committed a domestic violence offense or any felony during the pendency of the deferred sentence, the Court shall sentence the defendant to any term the Court could have imposed had the defendant not chosen to proceed under this section. (e) In order to qualify for the benefits of this section, a defendant whose sentence has been deferred shall attend, fully participate in, and fully cooperate with all programs or treatment sessions to which the defendant is assigned by the Court. Such programs or treatment sessions shall be prescribed for a qualifying defendant on a weekly basis. The treatment or counseling provider shall report to the Court and the appropriate prosecutor when a defendant successfully completes the Domestic Violence Education Program, and shall immediately report to the Court and the appropriate prosecutor when a defendant fails to attend, fully participate in, fully cooperate with or successfully completes any or all prescribed programs or treatment sessions to which the defendant is assigned. (f) The defendant shall bear the cost of a Domestic Violence Education Program. The Court may refer the defendant to a program that provides appropriate counseling or education services without charge, if available. (g) A defendant found eligible for the deferred sentence set forth herein shall have an opportunity to consult with an attorney before entering into a deferred sentence agreement. If a defendant elects to plead guilty and receives a deferred sentence as set forth herein, the defendant shall sign a written agreement under which he shall consent and agree to abide by all terms of a protective order, if appropriate, for the period provided by the agreement consistent with Title 16, section 99a(b) of the Virgin Islands Code. The defendant may also agree to waive any rights he may have to speedy disposition of the case. (h) The terms and conditions of a deferred sentence shall be designed on an individual basis to provide for the protection of the victim and society and the rehabilitation and education of the defendant through treatment and the prohibition of conduct which could lead to violence. (i) In referring defendants for counseling, preference shall be given for programs or therapists who focus on terminating violent behavior. The Court shall not refer defendants to couples counseling or to family therapy with their victims. (j) The prosecutor's office, or the prosecutor's designee, shall collect and retain the following data: (1) the number of cases screened for diversion; (2) the number of cases accepted into the diversion program; (3) a breakdown of the criminal charges which were filed against defendants who were accepted into the programs; (4) conditions imposed on diverted defendants; (5) the number of successful completions; (6) the number of unsuccessful terminations; (7) the reasons for unsuccessful terminations; (8) the duration of defendant's participation in the diversion program; and (9) the disposition of criminal charges and sentence imposed on defendants rejected and on defendants who were terminated from the diversion program. Notwithstanding any other provision of law, the Probation Office shall monitor the progress of a defendant during the pendency of a deferred sentence and shall immediately report any violations of the conditions thereto to the Court. History: Added Oct. 29, 1990, No. 5646, § 15, Sess. L. 1990, p. 376.

(a) The Commissioner of the Virgin Islands Police Department shall establish and maintain an education and training program for police officers designed to acquaint them with: (1) the nature, extent, and causes of domestic violence; (2) the legal rights of and remedies available to victims of domestic violence; (3) the services and facilities available to victims and batterers; (4) the legal duties imposed upon police officers to make arrests and to offer protection and assistance; and (5) techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and promote the safety of the victim. (b) Training shall stress the enforcement of criminal law in domestic violence cases and the use of community resources. Law enforcement agencies and community organizations shall cooperate in all aspects of the training. Representatives of shelters or other community groups shall be invited to assist in planning and presentation of training. (c) Basic training completed by police cadets prior to permanent appointment shall include no less than twenty hours of training in responding to domestic violence cases. (d) Advanced annual twelve-hour in-service training programs for all police officers shall include sessions on responding to domestic violence cases. The primary purpose of these sessions will be to familiarize officers with this chapter, as amended. History: Added Oct. 29, 1990, No. 5646, § 15, Sess. L. 1990, p. 376.

Violence; Penalties For Violations (a) An employer may not discharge, suspend or in any manner discriminate or retaliate against an employee, including, an employee who is a victim of a crime or a witness to a crime, including domestic violence for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding. (b) An employer may not discharge, suspend or in any manner discriminate or retaliate against an employee who is a victim of domestic violence or a victim of sexual assault solely for taking time off from work to obtain or attempt to obtain any relief, including, medical treatment, social services, behavioral health services, temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or the victim's child. (c) An employer may not discharge, suspend or in any manner discipline an employee who receives an unwanted visit, unwanted telephone calls, harassing e-mails, packages or is stalked at the job site by a person who perpetrated an act of domestic violence in which the employee was involved as a victim. The employer may require the victimized employee to obtain a restraining order to be protected under this section after the first incident on the job. (d) (1) As a condition of taking time off for a purpose set forth in subsections (a) or (b), the employee shall give the employer reasonable advance notice of the employee's intention to take time off, unless the advance notice is not feasible. (2) When an unscheduled absence occurs, the employer may not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification is sufficient in the form of any of the following: (A) Documentation from law enforcement, court or other territorial or federal government agency records, religious counselors, counseling professionals, domestic violence or a sexual assault victim advocate indicating that the employee was a victim of domestic violence or other crime; (B) A court order protecting or separating the employee from the perpetrator of an act of domestic violence or sexual assault; or (C) Other evidence from the court or prosecuting attorney that the employee has appeared in court. (3) To the extent allowed by law, the employer shall maintain the confidentiality of any employee taking leave under subsections (a) or (b). (e) Any employee who is discriminated or retaliated against in the terms or conditions of employment by the employer because the employee has taken time off for a purpose set forth in subsection (a) or (b) is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or a hearing authorized by law is guilty of a misdemeanor. The employment of an employee who has been terminated as a result of a domestic dispute where the employee was the victim must be reinstated, with back pay to the date of termination amounting to twice the compensation the employee would have received had the employee not been terminated. (f) For purposes of this section: (1) "Domestic violence" means any of the types of acts as set forth in title 16 Virgin Islands Code, section 91(b). (2) "Sexual assault" means any of the crimes set forth in title 14 Virgin Islands Code, chapter 85. History: Added Aug. 20, 2010, No. 7180, § 2(1), Sess. L. 2010, pp. 107-109; amended Jan. 6, 2019, No. 8152, § 1(a)(5), Sess. L. 2018, p. 327.

(a) There is established as a separate and distinct fund within the Treasury of the Virgin Islands "the Domestic Violence Revolving Fund". The Commissioner of Finance shall provide for the administration of the Fund, and no monies are available for expenditure except as provided in this section. (b) The Fund consists of all fines imposed by the Court in all cases involving an act of domestic violence and all fees for marriage licenses collected under section 39(a) of this title. (c) The Department of Human Services shall use the monies in the Fund for domestic violence and public awareness programs publicly or privately organized pursuant to regulations promulgated by the Department for the Fund's use. The Department shall use 30 percent of the monies in the Fund for public awareness programs in schools under this chapter. The Domestic Violence and Sexual Assault Council shall use 10 percent of monies in the Fund for public awareness programs within the schools. History: Added Aug. 20, 2010, No. 7180, § 2(1), Sess. L. 2010, p. 109.

A husband and wife may maintain an action against the other for a legal separation or the dissolution of the marriage contract, or to have the same declared void, as provided in this chapter.

(a) A marriage may be declared void from the beginning at the action of either party, for any of the causes specified in section 1 of this title and whether so declared or not shall be deemed and held to be void in any action or proceeding whatever in which the same may come in question. However, a marriage once declared to be valid by the judgment of a court having jurisdiction thereof, in an action for that purpose, can not afterwards be questioned for the same cause, directly or otherwise. (b) A marriage shall not be declared void for any of the causes specified in section 2 of this title, except at the action or claim of the party laboring under the disability, or upon whom the force or fraud was imposed or practiced; nor at the action or claim of such party if it appears that the parties freely cohabited together as husband and wife after the party had arrived at legal age, acquired sufficient understanding, been restored to reason, freed from the force, or discovered the fraud, as the case may be.

When either husband or wife claims or pretends that the marriage is void or voidable, as provided in sections 1 and 2 of this title, the same may be declared valid and lawful at the action of the other, and in such action the court may, if the pleadings and proof authorize it, declare such marriage void from the beginning or from the time of the judgment, or that it is valid and lawful, and binding on the parties thereto.

A decree granting a legal separation or dissolving a marriage may be entered when the court is satisfied from the evidence presented that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. History: Amended Apr. 24, 1973, No. 3418, § 1, Sess. L. 1973, p. 45.

When a marriage has been solemnized in the Virgin Islands an action may be maintained to declare it void if the plaintiff is an inhabitant of the Virgin Islands at the commencement of the action. If the marriage has not been solemnized in the Virgin Islands, such action can only be maintained when the plaintiff has been an inhabitant thereof for six weeks prior to the commencement of the action.

(a) In an action for the dissolution of the marriage contract or for a legal separation the plaintiff therein must be an inhabitant of the Virgin Islands who is domiciled therein at the commencement of the action and who has resided therein continuously and uninterruptedly for at least six weeks prior thereto, which residence shall be sufficient to give the court jurisdiction without regard to the place where the marriage was solemnized or the cause of action arose. Evidence of the six weeks residence as aforesaid shall be presumptive proof of domicile. (b) For the purposes of this section, any person who is serving with the United States Army, Navy, Marine Corps, Coast Guard or Air Force or the Merchant Marines, and who was a resident of the Virgin Islands at the time of his entry into military service or the Merchant Marines, shall be deemed to have continuously resided in this territory during the time he is serving with the Armed Forces or Merchant Marines. History: Amended Dec. 6, 1972, No. 3347, Sess. L. 1972, p. 523; June 4, 1985, No. 5073, Sess. L. 1985, p. 72.

History: Repealed. Apr. 24, 1973, No. 3418, § 2, Sess. L. 1973, p. 46.

After the commencement of an action, and before a judgment therein, the court may, in its discretion, provide by order- (1) that a party in need obtain from the other party such funds as may be necessary to enable the party in need to prosecute or defend the action, as the case may be; (2) for the care, custody, and maintenance of the minor children of the marriage during the pendency of the action; or (3) for the freedom of the wife from the control of the husband during the pendency of the action and the court may restrain either or both parties from disposing of the property of either party pending the action. History: Amended June 10, 1981, No. 4561, Sess. L. 1981, p. 56.

(a) Whenever a marriage is declared void or dissolved the court may, without regard to any determination that the breakdown of the marriage was the fault of one party or the other, further decree: (1) for the future care and custody of minor children of the marriage as it may deem just and proper, having due regard to the age and sex of such children and giving primary consideration to the needs and welfare of such children; (2) for the recovery from the party not granted care and custody of such children such an amount of money, in gross or in installments, as may be just and proper for such party to contribute toward the nurture and education thereof; (3) for the recovery for a party determined to be in need thereof an amount of money in gross or in installments, as may be necessary for the support and maintenance of such party; (4) for the delivery to the wife of her personal property in the possession or control of the husband at the time of giving the judgment; (5) for the appointment of one or more trustees to collect, receive, expand, manage, or invest, in such manner as the court shall direct, any sum of money necessary for the maintenance of the wife or the nurture and education of minor children committed to her; or (6) to change the name of the wife. (7) for the award to the parties of all marital property, in accordance with principles of equitable distribution. For purposes of this paragraph, "marital property" means all real and personal property acquired by either spouse subsequent to the marriage, except: (A) Property acquired by gift, bequest, devise, or descent; (B) Property acquired in exchange for property acquired prior to the marriage, or in exchange for property acquired by gift, bequest, devise, or descent; (C) Property acquired by a spouse after a decree of legal separation; (D) Any judgment or property obtained by judgment awarded to a spouse from the other spouse; (E) Property excluded by valid, written agreement of the parties; and (F) Income from property acquired by a method listed in subparagraphs (A) through (E), if the income is not attributable to the personal effort of a spouse. (b) Determination raises rebuttable presumption that child reside with parent not perpetrator or legal guardian. In determining the future care and custody of minor children under subsection (a), a determination by the court that the domestic violence has occurred raises a rebuttable presumption that it is in the best interest of the child to reside with the parent who is not the perpetrator of domestic violence in the location of that parent's choice, within or outside the territory or with a legal guardian. This presumption shall also apply when a parent has been convicted for the death of the other parent, or when the child has been conceived by rape. (c) Factors court must consider. In addition to the other factors that the court considers in determining the custody of a child or visitation by a parent, and where the court has made a finding of domestic violence, the court shall consider each of the following: (1) The safety and well-being of the child and of the parent who is the victim of domestic violence. (2) The perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault, to another person. (3) If a parent is absent or relocates because of an act of domestic violence by the other parent, the absence or relocation may not be a factor that weighs against the parent in determining the custody or visitation. (d) Visitation by parent who committed violence. (1) A court may award visitation by a parent who committed domestic violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic violence can be made. In a visitation order, a court may take any of the following actions: (A) order an exchange of the child to occur in a protected setting; (B) order visitation supervised in a manner to be determined by the court: (C) order the perpetrator of domestic violence to attend and complete to the satisfaction of the court, a program of intervention for perpetrators or other designated counseling as a condition of visitation; (D) order the perpetrator of domestic violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours preceding the visitation; (E) order the perpetrator of domestic violence to pay a fee to defray the cost of supervised visitation; (F) Prohibit overnight visitation; (G) Require a bond from the perpetrator of domestic violence for the return and safety of the child; and (H) Impose any other condition that is considered necessary to provide for the safety of the child, the victim of domestic violence, or other family or household member. (2) Whether or not visitation is allowed, the court may order the address of the child or the victim of domestic violence to be kept confidential. (3) The court may refer, but may not order an adult who is a victim of domestic violence to attend counseling relating to the victim's status or behavior as a victim, individually or with the perpetrator of domestic violence as a condition of receiving custody of a child, or as a condition of visitation. (4) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation. (e) Domestic violence defined. For purposes of this section, domestic violence means domestic violence as defined in title 16 Virgin Islands Code, chapter 2, section 91, subsections (b) and (c). History: Amended Apr. 24, 1973, No. 3418, § 3, Sess. L. 1973, p. 46; Apr. 28, 1977, No. 3971, Sess. L. 1977, p. 47; Mar. 5, 2005, No. 6730, § 37, Sess. L. 2005, p. 109; amended Dec. 19, 2014, No. 7702, § 1, Sess. L. 2014, p. 375, 376.

At any time after a judgment is given the court, upon the motion of either party on notice, may set aside, alter or modify so much of the judgment as may provide alimony or for the appointment of trustees, for the care and custody of the minor children, or the nurture and education thereof, or the maintenance of either party in the action.

A judgment declaring a marriage void or dissolved by the action or claim of either party shall have the effect to terminate such marriage as to both parties, except that neither party shall be capable of contracting marriage with a third person, until the action has been heard and determined on appeal, and if no appeal be taken, until the expiration of the period allowed by law to take such appeal; and if he or she does so contract, such party shall be liable thereof as if such judgment had not been given; Provided, however, That the parties to an uncontested action to void or dissolve a marriage shall be capable of contracting marriage with a third person immediately after said judgment is declared. History: Amended Apr. 29, 1974, No. 3557, Sess. L. 1974, p. 85.

This chapter may be cited as the Uniform Child-Custody Jurisdiction and Enforcement Act. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 77.

In this chapter: (1) "Abandoned" means left without provision for reasonable and necessary care or supervision. (2) "Child" means an individual who has not attained 18 years of age. (3) "Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. (4) "Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under subchapter 3. (5) "Commencement" means the filing of the first pleading in a proceeding. (6) "Court" means an entity authorized under the law of a State to establish, enforce, or modify a child- custody determination. (7) "Home State" means the State in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the State in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period. (8) "Initial determination" means the first child-custody determination concerning a particular child. (9) "Issuing court" means the court that makes a child-custody determination for which enforcement is sought under this chapter. (10) "Issuing State" means the State in which a child-custody determination is made. (11) "Modification" means a child-custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. (12) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (13) "Person acting as a parent" means a person, other than a parent, who: (A) has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child-custody proceeding; and (B) has been awarded legal custody by a court or claims a right to legal custody under the law of this State. (14) "Physical custody" means the physical care and supervision of a child. (15) "State" means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (16) "Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a State. (17) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 77, 78.

This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 79.

(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act. (b) A court of this State shall treat a tribe as if it were a State of the United States for the purpose of applying subchapters 1 and 2. (c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter 3. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 79.

(a) A court of this State shall treat a foreign country as if it were a State of the United States for the purpose of applying subchapters 1 and 2. (b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter 3. (c) A court of this State need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 79.

A child-custody determination made by a court of this State that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this State or notified in accordance with § 122 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 79.

If a question of existence or exercise of jurisdiction under this chapter is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 79.

(a) Notice required for the exercise of jurisdiction when a person is outside this State may be given in a manner prescribed by the law of this State for service of process or by the law of the State in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective. (b) Proof of service may be made in the manner prescribed by the law of this State or by the law of the State in which the service is made. (c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 80.

(a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this State for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding. (b) A person who is subject to personal jurisdiction in this State on a basis other than physical presence is not immune from service of process in this State. A party present in this State who is subject to the jurisdiction of another State is not immune from service of process allowable under the laws of that State. (c) The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this State. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 80.

(a) A court of this State may communicate with a court in another State concerning a proceeding arising under this chapter. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. (c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication. (d) Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record. (e) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 80, 81.

(a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another State, including testimony of the parties and the child, by deposition or other means allowable in this State for testimony taken in another State. The court on its own motion may order that the testimony of a person be taken in another State and may prescribe the manner in which and the terms upon which the testimony is taken. (b) A court of this State may permit an individual residing in another State to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that State. A court of this State shall cooperate with courts of other States in designating an appropriate location for the deposition or testimony. (c) Documentary evidence transmitted from another State to a court of this State by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 81.

(a) A court of this State may request the appropriate court of another State to: (1) hold an evidentiary hearing; (2) order a person to produce or give evidence pursuant to procedures of that State; (3) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; (4) forward to the court of this State a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and (5) order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child. (b) Upon request of a court of another State, a court of this State may hold a hearing or enter an order described in subsection (a). (c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this State. (d) A court of this State shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child-custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another State, the court shall forward a certified copy of those records. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 81, 82.

(a) Except as otherwise provided in § 130, a court of this State has jurisdiction to make an initial child- custody determination only if: (1) this State is the home State of the child on the date of the commencement of the proceeding, or was the home State of the child within six months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State; (2) a court of another State does not have jurisdiction under paragraph (1), or a paragraph (1)the home State of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under § 133 or § 134, and: (A) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and (B) substantial evidence is available in this State concerning the child's care, protection, training, and personal relationships; (3) all courts having jurisdiction under paragraph paragraph (1)ve declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child under § 133 or § 134; or (4) no court of any other State would have jurisdiction under the criteria specified in paragraph (1), (2), or (3). (b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of this State. (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 82, 83.

(a) Except as otherwise provided in § 133, a court of this State which has made a child-custody determination consistent with § 127 or § 129 has exclusive, continuing jurisdiction over the determination until: (1) a court of this State determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this State and that substantial evidence is no longer available in this State concerning the child's care, protection, training, and personal relationships; or (2) a court of this State or a court of another State determines that the child, the child's parents, and any person acting as a parent do not presently reside in this State. (b) A court of this State which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under § 127. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 83.

Except as otherwise provided in § 130, a court of this State may not modify a child-custody determination made by a court of another State unless a court of this State has jurisdiction to make an initial determination under § 127(a)(1) or (2) and: (1) the court of the other State determines it no longer has exclusive, continuing jurisdiction under § 128 or that a court of this State would be a more convenient forum under § 133; or (2) a court of this State or a court of the other State determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other State. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 83, 84.

(a) A court of this State has temporary emergency jurisdiction if the child is present in this State and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. (b) If there is no previous child-custody determination that is entitled to be enforced under this chapter and a child-custody proceeding has not been commenced in a court of a State having jurisdiction under § 127 through § 129, a child-custody determination made under this section remains in effect until an order is obtained from a court of a State having jurisdiction under § 127 through § 129. If a child-custody proceeding has not been or is not commenced in a court of a State having jurisdiction under § 127 through § 129, a child-custody determination made under this section becomes a final determination, if it so provides and this State becomes the home State of the child. (c) If there is a previous child-custody determination that is entitled to be enforced under this chapter, or a child-custody proceeding has been commenced in a court of a State having jurisdiction under § 127 through § 129, any order issued by a court of this State under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the State having jurisdiction under § 127 through § 129. The order issued in this State remains in effect until an order is obtained from the other State within the period specified or the period expires. (d) A court of this State which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a State having jurisdiction under § 127 through § 129, shall immediately communicate with the other court. A court of this State which is exercising jurisdiction pursuant to § 127 through § 129, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another State under a statute similar to this section shall immediately communicate with the court of that State to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 84, 85.

(a) Before a child-custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of section 122 must be given to all persons entitled to notice under the law of this State as in child-custody proceedings between residents of this State, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child. (b) This chapter does not govern the enforceability of a child-custody determination made without notice or an opportunity to be heard. (c) The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this chapter are governed by the law of this State as in child-custody proceedings between residents of this State. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 85.

(a) Except as otherwise provided in § 130, a court of this State may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another State having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other State because a court of this State is a more convenient forum under § 133. (b) Except as otherwise provided in § 130, a court of this State, before hearing a child-custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to § 134. If the court determines that a child-custody proceeding has been commenced in a court in another State having jurisdiction substantially in accordance with this chapter, the court of this State shall stay its proceeding and communicate with the court of the other State. If the court of the State having jurisdiction substantially in accordance with this chapter does not determine that the court of this State is a more appropriate forum, the court of this State shall dismiss the proceeding. (c) In a proceeding to modify a child-custody determination, a court of this State shall determine whether a proceeding to enforce the determination has been commenced in another State. If a proceeding to enforce a child-custody determination has been commenced in another State, the court may: (1) stay the proceeding for modification pending the entry of an order of a court of the other State enforcing, staying, denying, or dismissing the proceeding for enforcement; (2) enjoin the parties from continuing with the proceeding for enforcement; or (3) proceed with the modification under conditions it considers appropriate. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 85, 86.

(a) A court of this State which has jurisdiction under this chapter to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another State is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court. (b) Before determining whether it is an inconvenient forum, a court of this State shall consider whether it is appropriate for a court of another State to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: (1) whether domestic violence has occurred and is likely to continue in the future and which State could best protect the parties and the child; (2) the length of time the child has resided outside this State; (3) the distance between the court in this State and the court in the State that would assume jurisdiction; (4) the relative financial circumstances of the parties; (5) any agreement of the parties as to which State should assume jurisdiction; (6) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child; (7) the ability of the court of each State to decide the issue expeditiously and the procedures necessary to present the evidence; and (8) the familiarity of the court of each State with the facts and issues in the pending litigation. (c) If a court of this State determines that it is an inconvenient forum and that a court of another State is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated State and may impose any other condition the court considers just and proper. (d) A court of this State may decline to exercise its jurisdiction under this chapter if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 86, 87.

(a) Except as otherwise provided in § 130 or by other law of this State, if a court of this State has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless: (1) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction; (2) a court of the State otherwise having jurisdiction under § 126 through § 129 determines that this State is a more appropriate forum under § 133; or (3) no court of any other State would have jurisdiction under the criteria specified in § 127 through § 129. (b) If a court of this State declines to exercise its jurisdiction pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child-custody proceeding is commenced in a court having jurisdiction under § 127 through § 129. (c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this State unless authorized by law other than this chapter. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 87, 88.

(a) In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party: (1) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any; (2) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and (3) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons. (b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished. (c) If the declaration as to any of the items described in subsection (a)(1) through (3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case. (d) Each party has a continuing duty to inform the court of any proceeding in this or any other State that could affect the current proceeding. (e) 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 identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 88, 89.

(a) In a child-custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child. The court may order any person who is in this State and who has physical custody or control of the child to appear in person with the child. (b) If a party to a child-custody proceeding whose presence is desired by the court is outside this State, the court may order that a notice given pursuant to § 122 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party. (c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section. (d) If a party to a child-custody proceeding who is outside this State is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 89, 90.

In this subchapter: (1) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination. (2) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 90.

Under this subchapter a court of this State may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 90.

(a) A court of this State shall recognize and enforce a child-custody determination of a court of another State if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter. (b) A court of this State may utilize any remedy available under other law of this State to enforce a child- custody determination made by a court of another State. The remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a child-custody determination. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 90.

(a) A court of this State which does not have jurisdiction to modify a child-custody determination, may issue a temporary order enforcing: (1) a visitation schedule made by a court of another State; or (2) the visitation provisions of a child-custody determination of another State that does not provide for a specific visitation schedule. (b) If a court of this State makes an order under subsection (a)(2), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in subchapter 2. The order remains in effect until an order is obtained from the other court or the period expires. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 90, 91.

(a) A child-custody determination issued by a court of another State may be registered in this State, with or without a simultaneous request for enforcement, by sending to the Virgin Islands Superior Court: (1) a letter or other document requesting registration; (2) two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and (3) except as otherwise provided in § 135, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child- custody determination sought to be registered. (b) On receipt of the documents required by subsection (a), the registering court shall: (1) cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and (2) serve notice upon the persons named pursuant to subsection (a)(3) and provide them with an opportunity to contest the registration in accordance with this section. (c) The notice required by subsection (b)(2) must state that: (1) a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this State; (2) a hearing to contest the validity of the registered determination must be requested within 20 days after service of notice; and (3) failure to contest the registration will result in confirmation of the child-custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. (d) A person seeking to contest the validity of a registered order must request a hearing within 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that: (1) the issuing court did not have jurisdiction under subchapter 2; (2) the child-custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter 2; or (3) the person contesting registration was entitled to notice, but notice was not given in accordance with the standards of § 122, in the proceedings before the court that issued the order for which registration is sought. (e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation. (f) Confirmation of a registered 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. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 91, 92.

(a) A court of this State may grant any relief normally available under the law of this State to enforce a registered child-custody determination made by a court of another State. (b) A court of this State shall recognize and enforce, but may not modify, except in accordance with subchapter 2, a registered child-custody determination of a court of another State. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 92.

If a proceeding for enforcement under this subchapter is commenced in a court of this State and the court determines that a proceeding to modify the determination is pending in a court of another State having jurisdiction to modify the determination under subchapter 2, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 93.

(a) A petition under this subchapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (b) A petition for enforcement of a child-custody determination must state: (1) whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; (2) whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number, and the nature of the proceeding; (3) whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; (4) the present physical address of the child and the respondent, if known; (5) whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and (6) if the child-custody determination has been registered and confirmed under § 140a, the date and place of registration. (c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner. (d) An order issued under subsection (c) must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under § 140h, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that: (1) the child-custody determination has not been registered and confirmed under § 140a and that: (A) the issuing court did not have jurisdiction under subchapter 2; (B) the child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter 2; or (C) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 122, in the proceedings before the court that issued the order for which enforcement is sought; or (2) the child-custody determination for which enforcement is sought was registered and confirmed under § 140, but has been vacated, stayed, or modified by a court of a State having jurisdiction to do so under subchapter 2. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 93, 94.

Except as otherwise provided in § 140g, the petition and order must be served, by any method authorized under the rules of the Superior Court, upon respondent and any person who has physical custody of the child. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 94.

(a) Unless the court issues a temporary emergency order pursuant to § 130, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that: (1) the child-custody determination has not been registered and confirmed under § 140a and that: (A) the issuing court did not have jurisdiction under subchapter 2; (B) the child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a State having jurisdiction to do so under subchapter 2; or (C) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 122, in the proceedings before the court that issued the order for which enforcement is sought; or (2) the child-custody determination for which enforcement is sought was registered and confirmed under 140a, but has been vacated, stayed, or modified by a court of a State having jurisdiction to do so under subchapter 2. (b) The court shall award the fees, costs, and expenses authorized under § 140h and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate. (c) If a party called to testify refuses to answer on the ground that the testimony may be self incriminating, the court may draw an adverse inference from the refusal. (d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subchapter. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 95.

(a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this State. (b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this State, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by § 140d(b). (c) A warrant to take physical custody of a child must: (1) recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based; (2) direct law enforcement officers to take physical custody of the child immediately; and (3) provide for the placement of the child pending final relief. (d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody. (e) A warrant to take physical custody of a child is enforceable throughout this State. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour. (f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 95, 96.

(a) The court shall award the prevailing party, including a State, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. (b) The court may not assess fees, costs, or expenses against a State unless authorized by law other than this chapter. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 96, 97.

A court of this State shall accord full faith and credit to an order issued by another State and consistent with this chapter which enforces a child-custody determination by a court of another State unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter 2. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 97.

An appeal may be taken from a final order in a proceeding under this subchapter in accordance with law. Unless the court enters a temporary emergency order under § 130, the enforcing court may not stay an order enforcing a child-custody determination pending appeal. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 97.

(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor may take any lawful action, including resort to a proceeding under this subchapter or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child-custody determination if there is: (1) an existing child-custody determination; (2) a request to do so from a court in a pending child-custody proceeding; (3) a reasonable belief that a criminal statute has been violated; or (4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction. (b) A prosecutor acting under this section acts on behalf of the court and may not represent any party. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 97.

At the request of a prosecutor acting under § 140k, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor with responsibilities under § 4987. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 97.

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor and law enforcement officers under § 140k or § 140 l. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, pp. 97, 98.

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 98.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History: Added Mar. 31, 2005, No. 6730, § 18, Sess. L. 2005, p. 98.

Any inhabitant of the Virgin Islands may petition the proper court to adopt a child who is not his own and who is in the Virgin Islands. If desired, the petition may also ask for a change of the child's name. In no case however, may the petition of a person who has a spouse be granted unless the spouse joins therein. Except where husband and wife adopt jointly, no person shall be adopted by more than one person.

(a) The parents of the child, or the survivor of them, shall, except as otherwise provided in this chapter, consent in writing to such adoption. If neither parent is living, the guardian of the child, or, if there is no guardian, the next of kin in the Virgin Islands may give such consent, or, if there is no next of kin, the judge of the court may appoint a suitable person to act in the proceedings as guardian ad litem of the child, and to give or withhold such consent. (b) If either parent is insane or imprisoned in a penitentiary under sentence for a term not less than two years, or has willfully deserted and neglected to provide proper care and maintenance for the child for one year next preceding the time of filing the petition, or is an unfit person to have the care and custody of the child, the court may proceed as if such parent was dead, and, in its discretion, may appoint some suitable person to act in the proceeding as guardian ad litem of the child and give or withhold the consent required by subsection (a) of this section. In all cases, however, notice to the parent not laboring under such disabilities of insanity or imprisonment mentioned in this subsection, shall be required.

(a) If a parent does not consent to the adoption of his child the court shall order a copy of the petition and order thereon served on him and the child personally, if found in the Virgin Islands, and, if not, that a notice thereof be published once a week for three successive weeks in such newspaper as the court directs, the last publication to be at least four weeks before the time appointed for the hearing and in all cases a copy of the petition and order shall be served on the child. Like notice shall also be published when a child has no parent living and no guardian or next of kin in the Virgin Islands. The court may order such further notice as it deems necessary or proper. (b) A parent who has not, before the hearing of a petition for the adoption of his child, had personal notice thereof, may, at any time within one year after actual notice, apply to the court for a hearing de novo and the court shall give such hearing and issue orders or judgment after such hearing as are warranted in such hearing de novo.

If the child is 14 years of age or upwards the adoption shall not be made without his consent given to the court on privy examination.

(a) If, upon such petition so presented and consented, it appears that the child has resided with the petitioner for a length of time sufficient to indicate that the proposed adoption is in the best interest of the child, and the Commissioner of Public Welfare has submitted his report and recommendation with respect to the proposed adoption, and the court is satisfied of the identity and relations of the persons, and that the petitioner is of sufficient ability and in all respects a proper person to bring up the child and furnish suitable nurture and education, having reference to the degree and condition of the parents, and that it is fit and proper that such adoption should take effect, a decree shall be made setting forth the facts and ordering that from the date of the decree the child shall, to all legal intents and purposes, be the child of the petitioner. (b) If a change of the child's name is requested in the petition for adoption, the court, upon adjudging the adoption, may also adjudge such change of name and grant a certificate thereof without further notice and a copy thereof shall be furnished by the clerk of the court to the proper local registrar of vital statistics. (c) The original birth record of the adopted child, and all records or files in the custody of any governmental agency or of the court relating to any proceedings under this chapter shall be sealed and thereafter shall not be open to inspection by any person other than the adopted person (if he has attained majority and is not incompetent), except upon the order of the court for good cause shown. History: Added June 12, 1961, No. 735, Sess. L. 1961, p. 84.

(a) A child adopted under the provisions of this chapter is deemed, for the purpose of inheritance and all other legal consequences and incidents of the natural relation of parents and children, the child of the parents by adoption, the same as if he had been born to them in lawful wedlock, except that he is not capable of taking property expressly limited to heirs of the body or bodies of the parents by adoption, nor property from the lineal or collateral kindred of such parents by right of representation. (b) The natural parents of such child are deprived by a decree under section 145 of this title of all legal rights as respects the child, and the child is freed from all obligations of maintenance and obedience as respects his natural parents.

Social Welfare The Department of Social Welfare, acting pursuant to Title 34, chapter 11, Virgin Islands Code, shall operate a subsidized adoption program to make possible the adoption of children who otherwise may not be adopted. This program is to benefit children in special circumstances, presently under the care of public or voluntary licensed agencies, who qualify under the terms of the chapter. History: Added Mar. 7, 1980, No. 4414, Sess. L. 1980, § 1, p. 24.

(a) Each application for change of name must be notarized and must provide the following information about the applicant: (1) The applicant's name and current address; (2) The date and place of birth of the applicant, and if known, the applicant's father's name, the applicant's mother's maiden name, and where the applicant has resided since birth; (3) If the applicant is married, the name of the applicant's spouse, and if the applicant has children, the names and ages of each child and where the child resides; (4) A statement that the applicant is a bona fide resident of and domiciled in the Virgin Islands; (5) A statement as to whether the applicant has outstanding child support or tax obligations; (6) If the applicant is over sixteen years of age, the results of a state and national criminal history check conducted by the Virgin Islands Department of Justice, State Bureau of Investigation, the Federal Bureau of Investigation or a Channeler approved by the Federal Bureau of Investigation, within 90 days of the date of the application; (7) The applicant's occupation and where the applicant is employed and has been employed for five years preceding the filing of the application for change of name; (8) If the applicant attended graduate school, the names of all graduate schools attended, the date of graduation, and degrees received; (9) Whether the applicant has ever been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication, and if so, when and where; (10) Whether the applicant has ever been adjudicated bankrupt and if so, where and when; (11) Whether the applicant's civil rights have ever been suspended or, if the applicant's civil rights have been suspended, the date on which full restoration of civil rights occurred; and (12) Whether the applicant has been generally known or called by any other names or aliases and if so, by what names or aliases and where and when. (b) Application for change of name may be heard and determined by the superior court. No lawful change of the name of a person, except a woman upon her marriage or divorce, or upon the adoption of a child, shall be made unless for sufficient reasons not inconsistent with the public interest and satisfactory to the court. History: Amended Jan. 26, 2016, No. 7831, § 1, Sess. L. 2015, p. 262, 263.

Before adjudging a change of name, except as provided in chapter 5 of this title, the court shall require public notice of the application therefor to be given that all persons may appear and show cause, if they have any, why the same should not be granted. The court shall also require public notice to be given of the change adjudged, and on return of proof thereof may grant a certificate, under the seal of the court, of the name the party is to have, and which shall thereafter be his legal name and a copy thereof shall be furnished the proper local registrar of vital statistics. If the child has been baptized in the Virgin Islands the proper church officials shall also be notified of such change of name.

The law recognizes three kinds of emancipation- (1) emancipation conferring the power to administer property; (2) judicial emancipation; and (3) emancipation by reason of having attained the age of majority. History: Amended Jan. 18, 2020, No. 8255, § 3, Sess. L. 2019, p. -.

Any minor who has completed the age of 16 years may, with the consent of his parent or parents, be emancipated by a decree of the district court for the purpose of administering his property, in the manner prescribed in this subchapter. Emancipation may be petitioned for either by a relative of the minor or by the minor himself. History: Amended Nov. 29, 1972, No. 3335, § 1, Sess. L. 1972, p. 508.

The minor may be emancipated against the will of his father or mother when they ill treat him or refuse to maintain and educate him or when they give him corrupt examples.

Emancipation by the court capacitates the minor to govern his property and person as if he were of age; but until he attains his majority such emancipated person can not make any promise or contract any obligation exceeding in value the amount of his income for one year. Neither can he encumber or sell his real property, without the consent of the court. Nor may he appear in a suit without the appearance of a guardian ad litem.

History: Repealed. Jan. 18, 2020, No. 8255, § 2, Sess. L. 2019, p. -.

A minor who has lost both parents may obtain the benefit of majority by decree of the district court, upon petition by the United States attorney.

A guardian may oppose an emancipation under this subchapter, in which case the district court shall hear the parties at an oral hearing in which the reasons for and against such emancipation may be alleged and proven.

For granting the concession stated in section 251 and 252 of this title, it is required that- (1) the minor be over eighteen years of age and have the necessary ability to manage and administer his property; (2) the minor consent to the emancipation; and (3) such emancipation be deemed advantageous to the minor.

When the district court decrees the emancipation of the minor, it shall order that he be considered as of age, for all legal effects, except as limited by this subchapter.

All persons are deemed to have arrived at majority at the age of 18 years, and thereafter shall have control of their own actions and business and have all the rights and be subject to all the liabilities of persons of full age. History: Amended Nov. 29, 1972, No. 3335, § 2, Sess. L. 1972, p. 508.

As used in this chapter, unless the context otherwise requires: (a) "Out-of-wedlock" is synonymous with "illegitimate", and includes children born to a marriage where the child is not the product of the marriage. (b) "Acknowledgment of Paternity" shall be synonymous with "Affidavit of Paternity" or "Acknowledgment of Paternity", as such terms may appear in the code. (c) "Blood, genetic or DNA tests" means a genetic test generally acknowledged as reliable by accreditation bodies designated by the Secretary of the U.S. Department of Health and Human Services and performed by a laboratory approved by such an accreditation body. (d) "Birthing hospital or facility" means hospitals with licensed obstetrics-care units, hospitals licensed to provide obstetric services, or licensed birthing centers that provide maternity services. History: Added May 5, 1998, No. 6228, § 4, Sess. L. 1998, p. 252.

(a) Paternity may be voluntarily established through the execution of an Acknowledgment of Paternity. The process shall be as follows: (1) The Acknowledgment of Paternity, as prescribed in this section, shall be the exclusive means to voluntarily establish paternity of children born out-of-wedlock, outside of the court and administrative process as set out in this chapter. The Acknowledgment of Paternity shall be promulgated by the Attorney General, in consultation with the Commissioner of the Department of Health. (2) The Acknowledgment of Paternity shall comply with all the requirements of a paternity acknowledgment affidavit as established by federal law and regulation, including, but not limited to required information and format. (3) If information required on the Acknowledgment of Paternity does not exist, the failure to provide such information shall not prevent the voluntary establishment of paternity pursuant to this section. (4) The Acknowledgment of Paternity must be sworn to or affirmed by both parents of a child born out- of-wedlock before duly authorized notary public. (5) The Acknowledgment of Paternity shall include a written notice of the alternatives to, legal consequences of, and the rights (including, if a parent is a minor, any rights afforded to minority status) and responsibilities that arise from signing the Acknowledgment of Paternity. This notice must be provided in writing and orally to both signatories prior to signing the Acknowledgment of Paternity. (6) An Acknowledgment of Paternity, if completed in compliance with the requirements of this section, shall be considered a conclusive legal finding of paternity, with the same force and effect as a court or administrative adjudication of paternity and without the necessity of a court or hearing officer ratification, subject to the right of any signatory to rescind the Acknowledgment of Paternity within 60 days of the date of signing. The rescission is accomplished by filing a notarized request to rescind with the Paternity and Child Support Division, Department of Justice. Notwithstanding any other regulation or section of this code, the Office of Vital Statistics, Department of Health, pursuant to receipt of a Notice to Amend the Birth Certificate from the Paternity and Child Support Division, to be issued by the Paternity and Child Support Division pursuant to a timely received request to rescind, shall make all appropriate administrative changes to the birth record. Any challenge to the Acknowledgment of Paternity after the expiration of the 60 day rescission period must be filed in the court and shall only be based on fraud, duress or material mistake of fact, with the burden of proof upon the challenger. The legal responsibilities of any signatory which may arise under the Acknowledgment of Paternity may not be suspended during the court challenge unless the court finds good cause. (7) The Department of Health, Office of Vital Statistics, shall not create or amend a birth certificate to include any information about the father of a child out of wedlock unless a completed Acknowledgment of Paternity, or a court or administrative adjudication of paternity has been filed with the Office of Vital Statistics. (b) In-Hospital Paternity Establishment Programs, and substantially similar programs, shall be established to allow for the voluntary acknowledgment of paternity through the signing of an Acknowledgment of Paternity. The process shall be as follows: (1) All birthing hospitals and facilities shall provide the biological parents of children born out-of- wedlock, with focus on the period immediately before or after the birth of a child, with the opportunity to voluntarily acknowledge paternity of such child through the signing of an Acknowledgment of Paternity, as specified in this section. (2) The Department of Justice, Paternity and Child Support Division, and the Department of Health, Office of Vital Statistics, shall likewise offer biological parents of children born-out-wedlock the opportunity to voluntarily acknowledge paternity of a child through the signing of an Acknowledgment of Paternity. In addition, the Attorney General may designate other entities that may offer voluntary paternity establishment services, if performed in accordance with the basic requirements of this section. (3) The Commissioner of the Department of Health, in consultation with the Attorney General, shall promulgate appropriate policies and procedures establishing the in-hospital paternity establishment program process, including, but not limited to, the manner in which oral notice of the rights and responsibilities attached to signing an Acknowledgment of Paternity can be provided, the payment of fees, if any, for each completed Acknowledgment of Paternity, and the manner in which completed Acknowledgments of Paternity are forwarded to the Office of Vital Statistics, and the Attorney General shall promulgate appropriate policies and procedures for the voluntary paternity establishment process in the Paternity and Child Support Division, and/or regulations, if appropriate, for any other entity designated for this purpose pursuant to this subsection. All policies, procedures and regulations issued pursuant to this subsection shall be in full compliance with applicable federal law and regulation. (c) Any Acknowledgment of Paternity completed pursuant to this section, whether at a birthing hospital or facility or any other specified location, shall be filed with the appropriate Department of Health, Office of Vital Statistics within 30 days of signing. In addition, the court and the Paternity and Child Support Division shall, respectively, forward a copy of all judicial or administrative adjudications of paternity, whether based on consent or not, to the appropriate Office of Vital Statistics. The Office of Vital Statistics shall maintain a record of all Acknowledgments of Paternity and all judicial and administrative adjudications of paternity, and shall make such record available to the Paternity and Child Support Division in a manner consistent with applicable federal law and regulations. (d) The Paternity and Child Support Division shall publicize the availability and encourage the use of procedures for voluntary establishment of paternity and child support in a manner to be determined by the Attorney General and consistent with federal law and regulation. History: Added May 5, 1998, No. 6228, § 4, Sess. L. 1998, p. 252.

(a) Proceedings under this chapter may be instituted by (1) any female resident of the Virgin Islands who has delivered an out-of-wedlock child or by (2) any male resident of the Virgin Islands who is alleging to be the father of an out-of-wedlock child, or (3) any legal custodian of an out-of-wedlock child. Proceedings herein can be instituted at any time before a child's eighteenth birthday, including any child for whom a paternity action was previously dismissed under a statute of limitations of less than eighteen (18) years, or before the birth of a child, which, if born alive, would be born out-of-wedlock. (b) No proceeding for the support of a child still unborn shall be instituted unless the mother files a certificate from a duly authorized physician to the effect that she is pregnant. (c) The Attorney General, on behalf of the Government of the Virgin Islands, may: (1) if the mother of a child born out-of-wedlock is deceased or neglects to institute a proceeding, or having instituted it fails to pursue to completion; or (2) if proceeding pursuant to provisions of the Uniform IUniform Interstate Family Support Acth in Title 16,Title 16 1chapter 13chapter II of this Code; or (3) if proceeding on behalf of an person receiving services from the Paternity and Child Support Division, institute a proceeding under this chapter against a person accused of begetting a child born out-of-wedlock, or may take up and continue a proceeding begun by the mother of the child born out- of-wedlock. (d) Proceedings under this chapter are commenced by the filing of a petition before the court or the hearing officer alleging that the person named as the respondent, or the petitioner if the petitioner is a person alleging to be the child's father, is the father of the child born out-of-wedlock, and requesting such other and further relief as may be appropriate under the circumstances. (e) If both parties to a proceeding under this section appear before the court or hearing officer and consent to the establishment of paternity of a child born out-of-wedlock, a respective order establishing paternity shall be issued. If a duly served defendant to a proceeding under this section fails to file an answer or otherwise appear in response to a petition commenced pursuant to this section within the time prescribed by law or rules of practice of the court or hearing officer, the court or hearing officer shall enter judgment against the party by default. (f) In a contested paternity action, the court or hearing officer, on its own motion, or on the motion of any party to the action shall order the mother, the putative father and the child or children to submit to blood, genetic or DNA tests by a duly qualified physician or laboratory. The written report of blood, genetic or DNA test results, as attested to by the testing agent, concerning the paternity shall be admissible without the need for any foundation testimony or other proof of authenticity or accuracy, unless a written objection is filed with the court or hearing officer and served upon the parties to the action not more than 20 days after receipt of a copy of the report, but in no event less than 10 days before any hearing at which the test results may be introduced into evidence. The court shall have exclusive jurisdiction over any hearing scheduled in response to a timely filed written objection, and, within 60 days of the filing of such objection, shall issue (1) a ruling on the admissibility of the test results, and (2) assess costs of the hearing in favor of the prevailing party. If the court determines the test results to be admissible, the action, if originating before the hearing officer, shall be transferred to the hearing officer for final resolution. If the court determines the test results to be inadmissible, new genetic tests shall be ordered. The Government of the Virgin Islands shall pay for the initial cost of genetic tests in all actions initiated by the Paternity and Child Support Division. The court or hearing officer, at the conclusion of any proceeding under this chapter, may assess the cost of the genetic test in favor of the prevailing party, provided that the cost shall not be assessed against any party who is receiving public assistance pursuant to the State plan for Temporary Assistance to Needy Families (TANF) or Medicaid. Additional testing in any case where the original test result is contested, and a ruling on admissibility is pending, shall not be ordered unless the contestant files a request for additional testing and provides advance payment for test costs. (g) Test results, ordered and admitted pursuant to subsection (f) of this section, shall constitute a conclusive presumption of paternity if the test results indicate a statistical probability of paternity of 99% or higher, and such test outcome shall have the same result as a court or hearing officer's judgment establishing paternity. History: Added May 5, 1998, No. 6228, § 4, Sess. L. 1998, p. 252.

In any proceeding initiated pursuant to this chapter, any bills for pregnancy, childbirth and genetic testing are admissible as evidence without requiring third-party foundation testimony, and shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child or children. History: Added May 5, 1998, No. 6228, § 4, Sess. L. 1998, p. 252.

(a) The deceased father of a child born out-of-wedlock, by having publicly acknowledged the child as his own, or having received the child into his family and otherwise having treated it as if it were a legitimate child, thereby provides evidence of paternity. (b) If the mother is dead at the time of a paternity establishment proceeding, her declaration made in the time of travail and persevered in as her dying declaration, to the extent relevant, shall be evidence of paternity. History: Added May 5, 1998, No. 6228, § 4, Sess. L. 1998, p. 252.

Children born out-of-wedlock become legitimized by the subsequent marriage of their parents with each other even though such marriage shall be adjudged to be void. History: Added May 5, 1998, No. 6228, § 4, Sess. L. 1998, p. 252.

Contested Cases In any proceeding initiated pursuant to this chapter in which paternity is contested, upon motion of a party to the action, a temporary order shall be issued requiring the provision of child support pending a court or hearing officer determination of paternity, if there is clear and convincing evidence of paternity, either on the basis of genetic tests or other credible evidence. History: Added May 5, 1998, No. 6228, § 4, Sess. L. 1998, p. 252.

The parties to an action initiated under this chapter are not entitled to a trial by jury under any circumstance. History: Added May 5, 1998, No. 6228, § 4, Sess. L. 1998, p. 252.

The following words and phrases when used in this title shall have the meanings respectively ascribed to them in this section, unless the context otherwise requires: (a) "arrearages," "arrears," or "overdue support" means the amount of delinquency pursuant to an obligation determined under a court order or an order of the hearing officer for support and maintenance of a child that is owed to or on behalf of such child, or for support or maintenance of the obligor's spouse (or former spouse) with whom the child is living if and to the extent that spousal support (with respect to such spouse or former spouse) has been established and the child support obligation is being altered under the Territory's IV-D Plan or pursuant to any other lawful procedure; (b) "consumer reporting agency" means a consumer reporting agency as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C.1681a(f)). (c) "Division" or "Title IV-D Agency" means the Paternity and Child Support Division established within the Department of Justice. (d) "hearing officer" or "administrative hearing office" means the hearing officer or hearing office authorized by section 354 of this chapter, and applicable rules and regulations. (e) "income" means any form of periodic payment to an individual, regardless of source, including, but not limited to, wages, salary, bonuses, commissions, compensation as an independent contractor, workers' compensation administration, disability, unemployment compensation, annuity and retirement benefits, awards in civil suits, interest, dividends, rents, royalties, insurance proceeds, trust income, partnership profits, and any other payments made by any person, private entity, federal, state or territorial government or any entity created by local law including prizes from games of chance; provided, however, that income excludes: (1) any amounts required by law to be withheld, other than creditors' claims, including, but not limited to, federal, state, territorial and local taxes, Social Security and other mandatory retirement and disability contributions; (2) mandatory union dues; (3) any amounts exempted by federal law; and (4) public assistance payments; provided, further that any other territorial or local laws that limit or exempt income or the amount or percentage of income that can be withheld shall not apply; (f) "mistake of fact" means an error in the amount current or overdue support or in the identity of the alleged obligor; (g) "support", "support order" or "support payments" means any amount that the court or a hearing officer may require a person to pay under a temporary order or a final judgment, order or decree, and may include alimony, or support due for any person specified in section 342 of this chapter, maintenance or arrears on such payments, and any other term used to describe such obligations; which obligations include all that is indispensable for maintenance, housing, clothing and medical attention according to the social and economic position of the family; and may include support for a child who is between the ages of 18 and 22 years who is regularly attending an accredited school or a school approved by the court in pursuance of a course of study leading to a high school diploma or its equivalent, or regularly attending a course of vocational technical training either as a part of a regular school program or under special arrangements adapted to the individual person's needs, or is, in good faith, a full-time student in a college, university, or area school, or has been accepted for admission to a college, university, or area school and the next regular term has not yet begun, or a child of any age who is dependent because of a physical or mental disability; and shall include health insurance (including dental coverage) for any child covered under a child support order whenever such coverage is available to the obligor at a reasonable cost, as determined by the hearing officer or the court. (h) "obligor" means any person required to make payments under the terms of a support order for a child, spouse, former spouse or any other person specified in section 342 of this chapter. (i) "obligee" means any person entitled to receive payments under the terms of a support order for a child, spouse, former spouse or any other person specified in section 342 of this chapter. (j) "Child Support Guidelines" means the guidelines set forth in Title 16, section 345(c) of this code and applicable rules and regulations. (k) "Title IV-D" means Title IV-D of the Social Security Act, 42 U.S.C., sections651 et seq. (l) "business day" means a day on which Virgin Islands government offices are open for regular business. (m) "state" means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (n) "financial institution" means a depository institution, as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C.1813(c)), an institution-affiliated party, as defined in section 3(u) of said Act, any federal credit union or Virgin Islands credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C.1752), including an institution-affiliated party of such credit union, and any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to conduct business in the Virgin Islands. (o) "employee" means an individual who is an employee within the meaning of chapter 24 of the Internal Revenue Code of 1986, but does not include an employee of a federal or state agency performing intelligence or counterintelligence functions, if the head of such agency has determined that reporting pursuant to section 378 of this chapter with respect to such employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission. (p) "employer" has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental entity and any labor organization. (q) "labor organization" has the meaning given such term in section 2(5) of the National Labor Relations Act, and includes any entity (also known as a "hiring hall") which is used by the organization and an employer to carry out requirements described in section 8(f)(3) of such Act of an agreement between the organization and employer. History: Amended Oct. 12, 1985, No. 5104, § 7, Sess. L. 1985, p. 147; May 14, 1986, No. 5161, § 10, Sess. L. 1986, p. 54; June 12, 1992, No. 5794, § 1, Sess. L. 1992, p. 87; Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 254; May 5, 1998, No. 6228, § 5, Sess. L. 1998, p. 259; Aug. 1, 2003, No. 6590, § 4, Sess. L. 2003, p. 50.

(a) The following are obliged to support each other- (1) husband and wife; (2) legitimate ascendants and descendants up to 18 years of age; (3) parents and children and the legitimate descendants of the latter up to 18 years of age; (4) the adopter and the person adopted; and (5) parents and illegitimate children who have been recognized as children by written acknowledgment of the natural parent or by decree of a competent court. (b) Brothers and sisters also owe to their brothers and sisters, even when only on the mother's or father's side, the aid necessary to maintain their existence, when through a physical or mental defect or for any other cause not the fault of the person requiring support, such person cannot provide for himself. (c) With such support is included the expenses necessary for the elementary education and teaching of a profession or trade.

A claim for support, when proper and when there are two or more persons who are bound to give it, shall be made in the following order- (1) to the husband or wife; (2) to the nearest descendants; (3) to the nearest ascendants; (4) to brothers or sisters. Among descendants and ascendants the gradation shall follow the order in which they are entitled to inherit the estate of the person having the right to be supported.

(a) When the obligation to support devolves upon two or more persons, the amount that each shall pay shall be proportioned to his respective estate. Nevertheless in cases of urgent necessity and under special circumstances, the judge may order one of them to provisionally provide such support, and he shall have the right to reclaim from the others their corresponding part of the amount. (b) When two or more persons claim support at the same time of a person lawfully obliged to give it, and the latter has not sufficient means to attend to the needs of all, the order established in section 342 of this title shall be observed, except that support due to or on behalf of a child or children shall have priority over all other support obligations. Where there is more than one section 357 notice of withholding against a single obligor, preference must be given to payment of all current child support obligations before payment for any child support arrears and if the limits of section 303(b) of the Consumer Credit Protection Act (15 U.S.C.1673(b)) preclude payment in full of all current child support obligations, then all of the current child support obligations shall be paid on a pro rata basis up to the limits of the Act. History: Amended May 14, 1986, No. 5161, § 11(a), Sess. L. 1986, p. 56.

(a) The amount provided for support, except for the support due to or on behalf of a child or children, shall be proportioned to the resources of the person giving such support and to the necessities of the party receiving it, and shall be reduced or increased in proportion to the resources or the necessities of the latter. (b) In any proceeding to establish or modify a child support obligation, whether before the Court, or before the hearing officer pursuant to section 354 of this chapter, the child support guidelines established pursuant to subsection (c) of this section shall apply. The guidelines shall create a rebuttable presumption that the amount resulting from the application thereof is the correct amount of child support to be awarded. Application of the guidelines shall extend to proceedings setting child support amounts pursuant to agreement, stipulation or consent. (c) The child support guidelines shall be based on specific, numeric and descriptive criteria that result in the computation of child support amounts. The guidelines shall be based on a cost-sharing approach in that the child's (children's) needs are divided proportionally between the parents/custodians based upon their relative incomes. Income shall be income as defined in section 341 of this chapter, and it shall not include Aid to Families with Dependent Children (AFDC) grants. The guidelines may be modified or disregarded if it is determined that injustice would result from the application thereof. Such determination must be based on criteria taking into consideration the best interests of the child (children), and further must be supported by specific and written findings of fact, including, at a minimum, the amount that would have been established by the guidelines and the reasons for the variance therefrom. The Attorney General shall adopt the format and prescribe such rules and regulations as are necessary for the computation of child support amounts pursuant to the guidelines set forth herein as well as such rules and regulations as are necessary to establish criteria allowing for determination rebutting the presumptive guidelines established hereby. (d) Every child support order established or modified by administrative or judicial process pursuant to subsection (c) of this chapter, shall, in addition to setting a child support award, provide for the coverage of the child's (children's) health care needs, if such coverage is available at reasonable cost. (e) The Attorney General shall review, and revise, if appropriate, the child support guidelines adopted pursuant to this section at least once every four years, to ensure that their application results in the determination of appropriate support awards, and to ensure that deviations from the guidelines are limited. The review shall be based on an analysis of economic data on the cost of raising children and of case data gathered through sampling or other methodology. (f) Any parent who fails to provide the financial information necessary to compute the child support amount provided for in subsection (c), shall pay a default monthly child support of $1000 for the first child and $150 for each additional child. History: Amended Sept. 27, 1991, No. 5721, § 6, Sess. L. 1991, p. 63; amended Apr. 11, 2024, No. 8830, § 1, Sess. L. 2024, p. -.

The obligation to support may be claimed from the time the person having a right thereto shall require such support, but it shall not begin until the date on which a petition therefor is made.

Payments for support shall be made monthly, in advance, and when the person receiving the same dies, his heirs shall not be required to repay any sum that may have been paid in advance.

The person obliged to render support may either pay the amount required to be paid or receive and maintain in his own dwelling the person having a right to such support.

The obligation to give support ceases with the death of the person obliged to give it, even when given in fulfilment of a final judgment.

(a) The right to receive support can not be relinquished or transmitted to a third party; Provided, That in the case of a person who is receiving public assistance in the form of financial aid for dependent children from the Department of Social Welfare or any other governmental agency through any federal, territorial, or joint program, any support payments obtained by that recipient pursuant to court order or voluntary agreement shall be assigned, endorsed or otherwise made payable to the Department of Social Welfare or other appropriate governmental agency or fund for the purpose of reimbursing such agency or fund for any monies expended therefrom for the benefits of the recipient. Neither shall such support be set off against any amount owing by the recipient to the person obliged to give it. (b) The Government, through the Division of Paternity and Child Support, shall recoup, through reasonable means, all support erroneously disbursed to a child support obligee from that obligee and support due that obligee, with the consent of the oblige, either express or implied. The consent of the obligee is deemed to be implied when the obligee fails to respond to three fee notices sent to the obligee, by the Government, at the obligee's last known address, and it is clearly stated on each notice that consent will be implied due to lack of a response. (c) The government, through the Division of Paternity and Child Support may charge and collect an annual child support collection fee, from any obligee who has never received assistance under a program funded in whole or part under title IV-A of the Social Security Act. History: Amended June 4, 1975, No. 3696, Sess. L. 1975, p. 28; Apr. 12, 2008, No. 7000, § 1, Sess. L. 2008, pp. 81, 82.

The obligation to give support ceases- (1) with the death of the recipient; (2) when the means of the person obliged to give it shall have been reduced so that he cannot do so without disregarding his own needs and those of his family; (3) when the recipient is capable of working at a trade, profession or industry, or has obtained employment or bettered his financial position so that he does not stand in need of the amount given for support; or (4) when the recipient is a descendant of the person obliged to give support and the necessity therefor arises from wrong conduct or lack of application to work, during the time such cause exists.

Payroll Deductions (a) A judgment or order entered under this subchapter against any person for the support of a person he or she is found obligated to support pursuant to section 342 of this chapter or pursuant to subchapter 3 of this chapter shall take priority over all other financial obligations of said person, and shall be enforceable as such by the judgment creditor, provided such judgment is filed pursuant to the requirements of Title 5, section 425 of the Code or of this subchapter. (b) When a judgment is entered against any person for the support of a person, other than his or her own child, that he or she is found obligated to support pursuant to section 342 of this chapter or pursuant to subchapter 3 of this chapter, the court shall notify, by registered or certified mail, that person's employer, if any, of the entry of that judgment or order. The court may also order the employer to deduct from the employee's salary the amount ordered for support. In the event that person is employed by the Government of the Virgin Islands, the court shall notify the Commissioner of Finance of the entry of that judgment or order. Notification under this section shall constitute legal notice for purposes of this section. An employer shall not discharge or otherwise discipline an employee as a result of a payroll deduction order authorized by this section. Any employee so discharged or disciplined is entitled to the recovery of damages suffered, plus reinstatement, attorney's fees and costs incurred. (c) In garnishment, execution, assignment or similar proceedings, the employer (or Commissioner of Finance) shall satisfy claims against the employee's salary or wages for support of a person he is found obligated to support pursuant to section 342 of this chapter or pursuant to subchapter 3 of this chapter prior to the satisfaction of any other claim against such compensation. History: Added Dec. 28, 1973, No. 3510, Sess. L. 1973, p. 304; amended Mar. 19, 1974, No. 3542, Sess. L. 1974, p. 56; July 31, 1976, No. 3719, § 1, Sess. L. 1975, p. 108; June 23, 1981, No. 4570, Sess. L. 1981, p. 64; Oct. 12, 1985, No. 5104, § 8, Sess. L. 1985, p. 147; May 14, 1986, No. 5161, § 11(b), (c), Sess. L. 1986, p. 57.

of Child Support Or Child Support In Conjunction With Spousal Or Former Spousal Support (a) Except as provided in subsection (b) of this section, every order of child support or child support in conjunction with spousal or former spousal support entered or modified by the Superior Court or an administrative hearing officer shall include a provision that the child support obligation of the order be enforced through immediate income withholding upon any current or future income source (as defined in section 341(e) of this chapter) due to the obligor. The support order shall require that an amount be withheld to pay the current child support obligation and, if applicable, said order shall include an amount to be applied toward the liquidation of support arrearages and for the reimbursement of paternity testing costs. Any child support order entered prior to the effective date of this section and modified heretoafter shall be subject to the immediate income withholding provisions of this section. (b) Immediate income withholding shall not apply in those support actions in which the obligor and obligee agree in writing to an alternative arrangement, or in which either the obligor or obligee demonstrates and the Superior Court or administrative hearing officer finds good cause for establishing an alternative arrangement based on the best interest of the child, and, if applicable, based on a finding that past support payments were timely made. If a child support order does not provide for immediate income withholding, due to the application of one of the above-cited exceptions or due to the fact that the child support order was entered and last modified prior to the effective date of this section, income withholding shall then be initiated pursuant to the procedures set forth in sections 355 through 366 of this chapter, without amendment to the support order or further court or administrative action, and without regard to any alternative arrangements entered into by the parties (1) on the date an arrearage equal to the amount of support payable for one (1) month occurs; or (2) on the date which an obligor makes a request that withholding begin; or (3) on the date on which the obligee makes a request that withholding begin, and the Title IV-D Agency determines in accordance with its procedures and standards that the request should be approved. The total amount of income to be withheld pursuant to any income withholding order issued under subsection (a) or (b) of this section shall not exceed the maximum amount permitted under section 303(b) of the Federal Consumer Credit Protection Act (15 U.S.C.1673(b)). (c) In all child support actions to which the Title IV-D Agency is a party, the Title IV-D Agency shall process an immediate income withholding provision immediately after an order requiring same has been issued pursuant to subsection (a) of this section, according to the employer notice provisions set forth in section 357 of this chapter; or if income withholding is initiated pursuant to subsection (b) of this section, according to the applicable notice provisions and procedures set forth in sections 355 through 366 of this chapter. In child support actions to which the Title IV-D Agency is not a party, either the obligee or obligor may apply for income withholding to be initiated by and through the Title IV-D Agency according to procedures established by said Agency. The Title IV-D Agency shall also establish procedures for promptly terminating any withholding issued pursuant to this section whenever appropriate, and for promptly refunding amounts which have been improperly withheld. (d) All orders issued pursuant to this section shall include information on the obligor's employment, if employed, and health insurance, if available, as required by section 371 of this chapter and shall include a provision requiring the obligor to keep the Title IV-D agency informed of any changes to the name and address of his or her employer or changes in his or her health insurance coverage, whenever appropriate, and within ten (10) days of any change. History: Added May 14, 1986, No. 5161, § 12, Sess. L. 1986, p. 57; amended June 12, 1992, No. 5794, § 2, Sess. L. 1992, p. 87; May 5, 1998, No. 6228, § 6, Sess. L. 1998, p. 261.

(a) There shall be appointed by the Governor upon the recommendation of the Attorney General, one (1) or more hearing officers who are by reason of training, education, experience and such other criteria as may be established in writing by the Attorney General qualified to hear and render decisions in paternity and child support cases. A hearing officer shall be appointed for a term of four (4) years; may be reappointed to succeeding four (4) year terms; may be removed by the Governor for cause; and shall receive compensation equal to or greater than that of a similarly credentialed assistant attorney general; and shall receive clerical and other assistance as is provided for by appropriation. Hearing officers shall have authority to: (1) administer oaths, take testimony, establish a record, make findings of fact and conclusions of law, issue subpoenas, and enter judgments, orders and default orders in cases of paternity, contested or uncontested, and child support or child support in conjunction with spousal or former spousal support, subject to the court having exclusive jurisdiction over the admissibility of contested genetic tests pursuant to chapter 11, section 293 of this title; (2) accept voluntary acknowledgments of paternity, child support liability and stipulated agreements setting the amount of child support to be paid and to enter the same as judgments and orders, provided that the amount of child support is established pursuant to section 345 of this chapter. (3) conduct income withholding hearings and to determine arrearage amounts and to order repayment of arrearages by income withholding; (4) conduct income tax refund withholding hearings; (5) order an obligor to post a bond or other such security as required by section 365 of this chapter; (6) modify child support obligations entered by the hearing officer, and modify child support obligations entered by the Superior Court if such support action was duly transferred to the hearing officer; (7) conduct hearings on appeals to Division administrative actions whenever otherwise required or authorized in this title; and (8) issue visitation orders between non-custodial parents and children. (b) Orders entered by a hearing officer shall be in writing, shall contain specific findings of fact and conclusions of law, shall be served on all parties, and shall have the same force and effect as orders entered by judges of the Superior Court, except that an appeal from an order of a hearing officer may be taken to a Family Division judge of the Superior Court within (20) days of the entry of the order. Such appeal shall only be made upon a showing of material mistake of fact or conclusion of law, with the burden of proof upon the challenger, and, unless the court finds good cause, the paternity or support order entered by the hearing officer shall continue in force while the matter is on appeal. (c) If the hearing officer determines that the case involves complex issues requiring judicial resolution, the hearing officer shall enter a temporary child support order and then transfer the matter to a Family Division judge. (d) The Attorney General shall prescribe such rules or regulations as are necessary for the lawful and orderly transaction of proceedings and hearings under this chapter. History: Added May 14, 1986, No. 5161, § 12, Sess. L. 1986, p. 58; amended Jan. 6, 1987, No. 5249, § 2(1), Sess. L. 1986, p. 440; May 5, 1998, No. 6228, § 7, Sess. L. 1998, p. 261.

Withholding (a) Upon whichever may first occur: (1) the day the obligor fails to make payments under a child support order or an order for child support in conjunction with spousal or former spousal support in an amount equal to the support payable for one (1) month, or (2) the day on which an obligor or obligee requests that withholding begin, or (3) such earlier day that the Family Division judge of the Superior Court or the hearing officer may order, the Division shall initiate income withholding pursuant to section 357 of this chapter and shall send the obligor notice that income withholding has commenced and that the obligor may be subject to income tax refund withholding. (b) Any notice of commencement of income withholding or of the intent to commence income tax refund withholding shall inform the obligor: (1) of the amount of overdue support or arrearage that is owed and the amount of income or income tax refund that will be withheld, in addition to any amount withheld to secure overdue support, pursuant to Title 3, section 119(b)(6) of this code; (2) that the provision for income withholding applies to any current or subsequent employer or period of employment; (3) of the procedures available for contesting the withholding and that the only basis for contesting withholding is a mistake of fact; (4) that if the obligor wishes to contest income withholding or income tax refund withholding he or she must inform the Division of his or her desire to do so within ten (10) days of the date of the notice, and that if the obligor does not contact the Division within that time, the Division will continue with the commencement of income withholding and notify the Virgin Islands Bureau of Internal Revenue to initiate the withholding of tax refunds; (5) that if the obligor is determined at a hearing to be in arrears or if he or she does not contest withholding, he or she may be required to post a bond, give security, or give some other guarantee the he or she shall pay the overdue support that his or her name and the amount of overdue support will be provided to any consumer reporting agency pursuant to section 366 of this chapter; (6) of any action the Division will take if the obligor contests the withholding, including the procedures established under section 356 of this chapter; and (7) of the information provided to the employer, pursuant to section 357 of this chapter. History: Added May 14, 1986, No. 5161, § 12, Sess. L. 1986 p. 59; amended May 5, 1998, No. 6228, § 8, Sess. L. 1998, p. 262.

(a) If the obligor wishes to contest income withholding or income tax refund withholding, he or she must notify the Division and the Administration Hearing Office in writing within ten (10) days of the notice provided for in section 355 of this chapter. Failure to inform the Division within ten (10) days of the date of the notice shall be construed as a consent to income withholding or income tax refund withholding. (b) When an obligor makes a timely request to contest income withholding or income tax refund withholding, a hearing shall be scheduled by the hearing officer and notice shall be given to the obligor of the opportunity to present his or her case. (c) At the hearing, the obligor may contest income withholding or income tax refund withholding only on the basis of a mistake of fact. (d) A written decision and order as to whether commencement of income withholding will continue or income tax refund withholding will occur shall be made and provided to the obligor and to the person to whom the support money is owed within forty-five (45) days of the date the original notice was sent to the obligor. In the case of income withholding, the decision must notify the obligor and the person to whom the support money is owed whether or not withholding is to continue and, if income withholding is to continue, the notice shall include the amounts of income being withheld, and the time when income withholding began. (e) In the event income withholding shall continue, the amount withheld shall be the amount of the current support obligation, plus not less than ten percent (10%) nor more than thirty percent (30%) of the current support obligation, in the discretion of the hearing officer, and to the extent that the notice issued pursuant to section 355 of this chapter does not already provide for same. History: Added May 14, 1986, No. 5161, § 12, Sess. L. 1986, p. 60; amended Jan. 6, 1987, No. 5249, § 2(2), Sess. L. 1986, p. 440; May 5, 1998, No. 6228, § 9, Sess. L. 1998, p. 264.

The Division shall send written notice, or, at the discretion of the Division, notice through electronic means, of income withholding to the obligor's employer: (1) within 2 business days after the issuance of an order requiring immediate wage withholding pursuant to section 353(a) of this chapter or within 2 business days after the date of the notice required by section 355 of this chapter, and without advance notice to the obligor; and (2) in the event that the Administrative Hearing Office issues a decision pursuant to section 356 of this chapter that income withholding should not occur, the Division shall promptly terminate withholding and promptly refund any amounts which may have been collected in excess of the obligor's child support obligation. The notice to the obligor's employer shall include the following: (a) the amount to be withheld from the obligor's income and a statement that the total amount actually withheld for support and the fee allowed pursuant to paragraph (j) of this section may not be in excess of the maximum amount permitted undparagraph (j) 303(b) of the Consumer Credit Protection Act (15 U.S.C.1673(b)); (b)tion 303(b) of the Consumer Credit Protection Actil15 U.S.C.15isbursement Unit established pursuant to section 372 of this chapter within seven (7) business days after the date the amount would (but for this section) have been paid or credited to the employee. Except that in the event the employer receives an income withholding order issued by another state pursuant to subchapter II of this chapter, the employer shall apply the income withholding law of the state of the obligor's principal place of employment in determining: (i) the employer's fee for processing an income withholding order; (ii) the maximum amount permitted to be withheld from the obligor's income; (iii) the time periods within which the employer must implement the income withholding order and forward the child support payment; (iv) the priorities for withholding and allocating income withheld for multiple child support obligees; and (v) any withholding terms or conditions not specified in the order. (c) that income withholding is binding upon the employer until further notice by the Paternity and Child Support Division or until the employer complies with paragraph (5) of section 358 of this chapter; (d) that the employer is subject to a fine of not less than five hundred dollars ($500) but not more than one thousand dollars ($1000) for; (i) discharging an obligor from employment, refusing to employ or taking disciplinary action against an obligor because of income withholding or because of the obligations or additional obligations which are required by this section and imposed upon the employer; or (ii) failing to withhold support from income or failing to pay such amounts to the Child Support Disbursement Unit in accordance with this section. (e) that if the employer fails to withhold income in accordance with the provisions of the notice, the employer is liable for the accumulated amount the employer should have withheld from the obligor's income; (f) that the withholding of income for child support or child support in conjunction with spousal or former spousal support shall have priority over any other legal process under territorial law against the same income; (g) that if the employer has received a notice of income withholding for more than one obligor, the employer may combine the amounts withheld from the obligor's income in a single payment to the Paternity and Child Support Division, provided the employer separately identifies the portion of the single payment that is attributable to each individual obligor; (h) that the employer must implement withholding no later than the first regular pay date on which income would have been paid or credited to the employee following the date the notice was received by the employer, except that if the notice was received less than five (5) business days before the next regular pay date, the employer may implement withholding on the second following pay date, but that it is not required to vary its normal pay and disbursement cycles to comply with the withholding notice. (i) that the employer must notify the Paternity and Child Support Division promptly when the obligor terminates employment and provide the obligor's last known address and the name and address of the obligor's new employer, if known; and (j) that to be included in the amount withheld pursuant to paragraph (a) of this section, the employer may deduct a fee from the obligor's income for the administrative cost of each withholding which shall not exceed the lesser of one dollar ($1.00) or the actual cost of administration. (3) The notice given to the employer pursuant to this section shall be in a standard format as prescribed by the Secretary of Health and Human Services. History: Added May 14, 1986, No. 5161, § 12, Sess. L. 1986, p. 61; amended Jan. 6, 1987, No. 5249, § 2(3), Sess. L. 1986, p. 440; June 12, 1992, No. 5794, § 3, Sess. L. 1992, p. 89; May 5, 1998, No. 6228, § 10, Sess. L. 1998, p. 264.

An employer who receives a notice or order of income withholding as provided in section 357 of this chapter shall: (1) withhold from the obligor's income the amount stated in section 357(2)(a) of this chapter; (2) send this amount to the Child Support Disbursement Unit according to section 357(2)(b) of this chapter; (3) continue to comply with the provisions of the notice or order of income withholding until it receives further notice from the Paternity and Child Support Division; (4) implement income withholding according to section 357(2)(h) of this chapter; and (5) notify the Paternity and Child Support Division promptly when the obligor terminates employment and provide the Division with the obligor terminates employment and provide the Division with the obligor's last known address and the name and address of the obligor's new employer, if known. History: Added May 14, 1986, No. 5161, § 12, Sess. L. 1986, p. 62; amended May 5, 1998, No. 6228, § 11, Sess. L. 1998, p. 267.

Any obligor whose income is subject to an income withholding order or notice must inform the Paternity and Child Support Division if he or she changes employers and must provide the Division with the new employer's name and address within fourteen (14) days of the new employment. History: Added May 14, 1986, No. 5161, § 12, Sess. L. 1986, p. 62.

(a) No employer of a person whose income is subject to an income withholding order may discharge, refuse to employ, or take disciplinary action against such person because of the income withholding order. Any employee who is discharged, denied employment, or disciplined because of an income withholding order is entitled to damages suffered, plus employment or reinstatement, plus attorney's fees and costs incurred. (b) Any employer that discharges, refuses to employ, or takes disciplinary action against a person because of an income withholding order shall be fined not less than five hundred dollars ($500) but not more than one thousand dollars ($1,000) and no portion of the minimum fine may be suspended. History: Added May 14, 1986, No. 5161, § 12, Sess. L. 1986, p. 63.

Any employer that fails to withhold income in accordance with the provisions of a notice that is served on such employer pursuant to section 357 of this chapter is liable for the accumulated amount it should have withheld from the obligor's income, and shall be fined not less than five hundred dollars ($500) but not more than one thousand dollars ($1,000) and no portion of the minimum fine may be suspended. History: Added May 14, 1986, No. 5161, § 12, Sess. L. 1986, p. 63; amended May 5, 1998, No. 6228, § 12, Sess. L. 1998, p. 267.

Any employer that is served with a notice issued pursuant to section 357 of this chapter for more than one (1) obligor may combine the withheld amount from all of its employees subject to such notices into a single payment to the Paternity and Child Support Division. The employer may issue a single certified check, money order, or electronic fund transfer, to cover all the amounts withheld from all obligors under this chapter, and in such case, the check shall be accompanied by a list of the name and social security number of each obligor, and the individual amounts withheld from each, as well as the withholding date. History: Added May 14, 1986, No. 5161, § 12, Sess. L. 1986, p. 63; amended May 5, 1998, No. 6228, § 13, Sess. L. 1998, p. 267.

(a) The income withholding system established under this chapter shall include withholding from income derived in this territory where the applicable child support orders were issued in any of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States. (b) When a person (1) who is entitled to receive child support or child support in conjunction with spousal or former spousal support pursuant to an order issued by any of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or possession of the United States, (2) whose obligor is not employed within the jurisdiction of the Virgin Islands, and (3) whose obligor is in arrears in an amount equal to the support payable for one (1) month, applies for enforcement services with the Division of Paternity and Child Support, the Division shall promptly notify the support enforcement agency in the jurisdiction where the obligor is employed to implement income withholding. The Division shall provide all necessary information to implement income withholding. The Division shall provide all necessary information to implement interstate income withholding, including the amount requested to be withheld, a copy of the support order and a statement of arrears. (c) When the Division receives a request from another support enforcement agency to provide the necessary information to implement interstate income withholding pursuant to a Virgin Islands order for child support or child and spousal support, the Division shall promptly provide the information. (d) When the Division receives a notice from another support enforcement agency to implement interstate income withholding against an obligor employed in the Virgin Islands, the Division shall promptly: (1) provide notice to the obligor pursuant to section 356(b) of this chapter; (2) provide the obligor with an opportunity to contest the interstate income withholding in accordance with section 356(c) of this chapter; (3) notify the obligor's employer pursuant to section 357 of this chapter; and (4) notify the support enforcement agency which sent the notice to implement the interstate income withholding when the obligor terminates employment in the Virgin Islands and provide the name and address of the obligor's new employer, if known. (e) Except with respect to when income withholding must be implemented, which is controlled by the jurisdiction where the support order was entered, the laws and administrative procedures of the Virgin Islands shall apply to interstate income withholding for child support or child support in conjunction with spousal support when the obligor is employed in the Virgin Islands. History: Added May 14, 1986, No. 5161, § 12, Sess. L. 1986, p. 63.

(a) When a support arrearage is paid in full, the Paternity and Child Support Division shall notify the obligor's employer. The employer then shall reduce the amount of income withheld to cover only the current support obligation. (b) Once income withholding has been instituted it may be terminated only upon a motion by the obligor or the Division of Paternity and Child Support, upon a showing that either the child and the child's custodian has disappeared for such an extended period of time that it is impossible to forward payment or that an obligation to pay support or arrearages no longer exists. History: Added May 14, 1986, No. 5161, § 12, Sess. L. 1986, p. 65.

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 payment of overdue support. History: Added May 14, 1986, No. 5161, § 12, Sess. L. 1986, p. 65.

(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 a consumer reporting agency shall at minimum include the name of the obligor and the amount of overdue support owed by such obligor. Updates to such reports shall also be submitted on a quarterly basis. (b) The Division, prior to submitting any information about an obligor to a consumer reporting agency, shall provide the obligor with advance notice of the intent to furnish information to such agency, along with a notice of the right to file an appeal with the Administrative Hearing Office. The appeal to the Administrative Hearing Office shall be made within ten (10) days of the date of receipt of the notice, and any appeal shall be limited to mistake of fact and otherwise comply with applicable rules and regulations. (c) Information shall only be provided to consumer reporting agencies that have provided the Division with satisfactory evidence that the entity is a consumer reporting agency as defined in this chapter. History: Added May 14, 1986, No. 5161, § 12, Sess. L. 1986, p. 65; amended May 5, 1998, No. 6228, § 14, Sess. L. 1998, p. 267.

(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 income tax refund is reduced shall be distributed in accordance with section 457(b)(4) of Title IV-D of the Social Security Act or section 457(d)(3) in the case of overdue support assigned to the Virgin Islands Government, or, in the case of overdue support which the Virgin Islands Government has agreed to collect under section 454(6) of Title IV-D of the Social Security Act shall be distributed, after deduction of any fees imposed to cover the costs of collection, to the child or parent to whom such support is owed. Such fees shall not exceed the lesser of twenty-five ($25.00) or the actual costs of collection. (c) Prior to any request for income tax refund withholding under this section, the Division of Paternity and Child Support shall provide the support obligor with notice and opportunity for hearing as provided for in sections 355 and 356 of this chapter. (d) In any case in which a withholding under this section has in good faith been requested and paid to the Division of Paternity and Child Support by the Virgin Islands Bureau of Internal Revenue under Title 33, section 1828, and it is determined that the amount certified to and paid by the Bureau is in excess of the amount of overdue support actually owed, the Division of Paternity and Child Support shall remit, without penalty to the Division, the excess amount to the support obligor, or if the excess was paid from the share of a person who filed a joint return with the support obligor, to the joint taxpayer. History: Added Oct. 12, 1985, No. 5104, § 10, Sess. L. 1985, p. 149; amended May 14, 1986, No. 5161, § 15, Sess. L. 1986, p. 65.

Retroactive Modification (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 Islands, including the ability to be enforced, on and after the date on which the child support payment or installment is due. (b) Every child support judgment shall be entitled to the full faith and credit in the Virgin Islands and in any of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States. (c) No child support judgment shall be subject to retroactive modification in the Virgin Islands or in any of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States, except that modification may be permitted with respect to any period during which a petition or motion for modification is pending, but only from the date that notice of such petition or motion has been served upon the person to whom the support is owed or, where that person is the petitioner or movant, upon the obligor. History: Added Jan. 6, 1987, No. 5249, § 2(4), Sess. L. 1986, p. 441.

(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 into account the best interests of children involved and shall be based, at the discretion of the Division, on one of the following methodologies: (1) review, and if appropriate, adjust the order in accordance with the Child Support Guidelines if the amount of the child support under the order being reviewed is 20% higher or lower than the amount that would be awarded in accordance with said guidelines; or (2) apply a cost-of-living adjustment to the order, based on information available to the Government of the Virgin Islands relative to yearly percentage increases/decreases in the cost-of-living for Virgin Islands residents, and, if there are differences in the cost-of-living between St. Thomas, St. Croix, St. John or Water Island, apply the appropriate adjustment based on the residence of the child. (b) A review under the Review and Adjustment plan shall only be conducted if so requested by either party to the action, or in the event that a party's rights have been assigned to a Title IV-D Agency of this or any other jurisdiction, if so requested by such Title IV-D Agency. Notwithstanding any law to the contrary, any adjustment made pursuant to subsection (a) of this section shall proceed without a requirement for proof or showing of a change in circumstances beyond that required by said subsection. (c) If a review is conducted pursuant to subsection (a)(1) of this section, The Division shall notify all parties to the action that a review is being conducted within 10 days of the date of request for review. The Division shall complete the review within 45 days of the date of request for review, and shall advise all parties to the action of the outcome of the review, and any adjustment to the support amount, if appropriate, within 50 days of the date of request for review. Such Notice of Outcome shall also advise the parties of their right to appeal, and that such appeal must be filed within 20 days of the date of receipt of the Notice of Outcome. For orders originating in the Superior Court, the appeal must be filed with the Division and the Superior Court. For all other orders, the appeal must be filed with the Division and the Administrative Hearing Office. The appeal shall be limited to the issue of whether the review was properly conducted pursuant to subsection (a)(1). If the Notice of Outcome is not challenged within the prescribed time, or, if challenged, the appellant fails to show good cause why the adjustment, or the decision not to adjust, should not occur, in the event of an adjustment, the Superior Court or the Administrative Hearing Office, begin advised appropriately by the Division, shall promptly adjust their respective orders, with such adjustment being retroactive to the date of Notice of Outcome. (d) If a review is conducted pursuant to subsection (a)(2) of this section, the Division after applying the cost-of-living adjustment, shall notify all parties to the action of the proposed adjustment. Such Notice shall advise the parties of their right to contest the proposed adjustment, within 30 days after the date of the Notice, by making a request with the Division for review and, if appropriate, adjustment of the order pursuant to subsection (a)(1). If no contest is made within the prescribed time, the Superior Court or the Administrative Hearing Office, being advised appropriately by the Division, shall promptly adjust their respective orders, with such adjustment being retroactive to the date of the Notice. (e) Nothing in this section shall preclude the filing of a motion for modification/adjustment of a child support obligation outside the 3-year cycle referenced in subsection (a) of this section. The requesting party shall file such motion with the Superior Court or Administrative Hearing Office, and the review will be made pursuant to the Child Support Guidelines and pursuant to an appropriate demonstration of substantial change in circumstances. (f) The Division shall notify, not less than once every three years, all parties subject to child support actions in which the Division is a party of the right to request a review pursuant to subsection (a) of this section. Such notice may be included in a child support order. History: Added June 12, 1992, No. 5794, § 4, Sess. L. 1992, p. 89; amended May 5, 1998, No. 6228, § 15, Sess. L. 1998, p. 268.

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 Columbia, or foreign jurisdiction that has been declared to have enacted a law substantially similar to the Uniform Interstate Family Support Act, as set forth in this chapter, if such paternity determination was made pursuant to a voluntary paternity acknowledgment signed in accordance with applicable procedures of the issuing jurisdiction, or if made pursuant to a court or administrative process authorized to determine parentage. History: Added May 5, 1998, No. 6228, § 16, Sess. L. 1998, p. 270.

(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 Title IV-DTitle IV-Drders processed by the Division; and (2) All child support orders established or modified in the Virgin Islands on or after January 1, 1998, including orders to which the Division is not a party. (b) Cases contained in the registry established in subsection (a) of this section shall contain the following standard data elements for both parties to the action: (1) Complete names and mailing addresses; (2) Social security numbers, and only if not available, some other type of uniform identification number to be established at the discretion of the Division; (3) Name and address of employer, if employed; (4) Information about health insurance, if available; (5) Dates of birth; (6) A Superior Court or Administrative Hearing Office case identification number; and (7) Names and dates of birth of the parties children. In addition to the listed data elements, the Division may require that additional data elements be provided, to the extent that such additional information may be required by the Secretary of Health and Human Services. (c) For those cases included in the State Case Registry, pursuant to subsection (a)(2) of this section, and if established or modified by the Superior Court, the Superior Court, within 20 days of the date that a child support order is established or modified, shall furnish the Division: (1) with a certified copy of the order, along with all the data elements required pursuant to subsection (b) of this section. Said data elements may be contained in the body of the order; and (2) with the amount of the monthly (or other periodic) support owed under the order, including payments on arrears, for fees or any other amounts to be paid. Such information may be contained in the body of the order. (d) The Division shall maintain payment records for all cases included in the State Case Registry pursuant to subsection (a) of this section. Said payment record shall include: (1) the amount of the monthly, or other periodic, support owed, and the amount of any other payments ordered; (2) the amount collected; (3) the distribution of collected amounts; (4) the birth dates of children in the case; and (5) the amount of liens imposed in the case, if any. (e) The Division shall update, maintain and monitor all case records in the State Case Registry on the basis of: (1) information on court or administrative actions taken in the case; (2) information obtained from comparison with Federal, State or local sources of information; and (3) information on support collections, distributions, and any other relevant information. (f) The Division shall extract information from the State Case Registry as may be required by the Secretary of Health and Human Services, and share, compare and receive information with and from other data bases for the purpose of providing appropriate IV-D child support services, subject to section 6103 of the Internal Revenue Code of 1986. Such information comparison activities shall include the following: (1) Furnish to the Federal Case Registry of Child Support Orders information as may be required by regulations established by the Secretary of Health and Human Services; (2) Exchange information with the Federal Parent Locator Service consistent with applicable federal law and regulation; (3) Exchange information with the V.I. Department of Human Services, the TANF agency, and the Medicaid agency, and respective agencies in other states, to the extent necessary to perform relevant state agency responsibilities, and exchange information with any other agency so designated by the Secretary of Health and Human Services; and (4) Exchange information with any other agency in the Virgin Islands or other States if necessary and appropriate to carry out Title IV-D functions. History: Added May 5, 1998, No. 6228, § 16, Sess. L. 1998, p. 270.

(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 with a child support obligation, whether established or modified by the Superior Court or the Administrative Hearing Office, shall be payable to the Division, and the court or administrative order shall include a provision to this effect. Payments made to the Division shall be distributed in accordance with this section, and in accordance with any other applicable Territorial or Federal law or regulation. (b) The State Disbursement Unit shall utilize the Division's automated child support enforcement system, known as VIPERS, or any other comparable automated system, in order to collect and disburse child support payments from and to appropriate persons or entities, to maintain accurate identification of payments, to ensure prompt disbursements, and to provide timely and current payment records to persons or agencies entitled to same. Specifically, the State Disbursement Unit shall: (1) distribute child support payments received from an employer or other source of periodic payment within 2 business days after receipt, unless sufficient information identifying the payee is not provided, or unless a collection towards child support arrears is on appeal; and in order to facilitate the collection and distribution of support: (2) transmit income withholding notices to an employer or other appropriate entity within 2 business days after receipt of information sufficient to initiate income withholding, using uniform formats prescribed by the Secretary of Health and Human Services; and (3) monitor cases in order to promptly identify failure to make timely payments of support; and (4) if payments are not timely made, in addition to initiating income withholding, utilize all appropriate enforcement procedures as authorized by law. (c) For purposes of this section, business day means a day on which Virgin Islands government offices are open for regular business. History: Added May 5, 1998, No. 6228, § 16, Sess. L. 1998, p. 270.

(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 own, if the child support action is processed by the Division, or at the request of the Superior Court or a respective obligee, request that the Department of Motor Vehicles, or any licensing board or entity operating in the Virgin Islands which issues any type of driver's licenses, professional and occupational licenses, and recreational licenses, withhold, suspend, or restrict the use of the respective license. The request shall be in writing, signed by the Director of the Division and the Attorney General, or his or her designee, and shall be subject to the exceptions and procedures set out in subsections (b) and (c) of this section. (b) The Division shall not issue any request for the withholding, suspension or restriction of a license pursuant to subsection (a) of this section unless: (1) the obligor receives actual written notice of the intent to act pursuant to subsection (a) of this section; such notice shall advise the obligor that: (A) no action will be taken if he or she enters into and complies with a payment plan to satisfy his or her overdue child support, said plan to be established within 30 days of receipt of the notice; or (B) if applicable, no action will be taken if he or she complies with the outstanding subpoena or warrant within 10 days of receipt of the notice; and (C) that he or she has the right to file an appeal with the Administrative Hearing Office within 30 days on the limited issue of mistake of fact; and (2) the obligor fails to enter into such payment plan, fails to comply with the subpoena or warrant, if applicable, or fails to file an appeal within the prescribed time, or having filed such appeal, fails to show cause why the request should not proceed. (c) In the event that The Division issues a request in compliance with subsections (a) and (b) of this section, and having served such request, by certified mail, on the appropriate agency, licensing board or other entity as identified in this section, such agency, licensing board or other entity shall take appropriate steps to withhold, suspend or restrict the respective driver's license, professional and occupational license, or recreational license, as the case may be, according to procedures and policies to be established by the head of the respective agency, board or other entity; provided that, under no circumstance shall such procedure or policy delay a withholding, suspension or restriction of a license for more than 30 days after receipt of the request. History: Added May 5, 1998, No. 6228, § 16, Sess. L. 1998, p. 270.

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, including, but not limited to the National Law Enforcement Telecommunications System (NLETS) and the National Crime Information Center (NCIC). Access to locate information from such systems shall be provided upon written request by the Director of the Division, or by an authorized employee of the federal agency, and such request shall certify that the information is necessary for, and will be limited to, carrying out Title IV-D functions. Access already provided to the Department of Justice shall extend to the Division. To the extent necessary, the Division and a respective government agency, including but not limited to Virgin Islands law enforcement agencies, may enter into cooperative agreements to govern the method and type of access, but in no event shall such cooperative agreement limit the access authorized under this section. History: Added May 5, 1998, No. 6228, § 16, Sess. L. 1998, p. 270.

Enforcement 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 procedures to ensure that applications for such licenses, or records pertaining to such matters, contain the Social Security number of a respective applicant or individual subject to such matter: (1) professional licenses; (2) commercial driver's licenses; (3) occupational licenses; (4) marriage licenses; (5) divorce decrees; (6) support orders: (7) paternity orders and acknowledgments; and (8) death records and certificates. History: Added May 5, 1998, No. 6228, § 16, Sess. L. 1998, p. 270.

(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 arise by operation of law against all real and personal property, tangible or intangible, then owned or subsequently acquired by the obligor against whom the lien arises, for the amounts of overdue support owed, including any penalties, costs or fees as may be provided for by law. (1) The Director of the Division, or his or her designee, may cause a notice of such lien on real property or upon any personal property to be recorded in the appropriate place for filing of a judgment lien or security interest in the property. This notice, to be promulgated by the Director of the Division, may be filed by automated means where feasible. (2) Nothing herein shall require the Division to file a notice of lien for the seizure of an obligor's assets. (b) The lien issued pursuant to subsection (a) of this section shall be superior to all liens and security interests created under Virgin Islands law, and shall be effective until the obligation is paid, except: (1) Deeds or mortgages which are recorded prior to the recordation of the Division's notice of lien; (2) Security interests created pursuant to the Uniform Commercial Code which are perfected prior to the recordation of the Division's notice of lien. (c) Full faith and credit shall be accorded to liens arising in any other State for cases of child or spousal support enforced by the Title IV-D Agency of the other State for all overdue support, as defined by the other State, when that State complies with the procedural rules relative to the recording or serving of liens that arise within the Virgin Islands. The Division may enforce the liens arising pursuant to this subsection. (d) There shall be a rebuttable presumption concerning property which is subject to this section, except where otherwise clearly noted by the evidence of title or otherwise, that at least one-half of all real or tangible personal property which is titled to or in the possession of the obligor is owned by the obligor who is subject to the lien, except that jointly held accounts in any financial institution shall be rebuttably presumed to be available in whole to the obligor. (e) In cases where there is an arrearage of child support, or spousal support in connection with child support, in a case processed by the Division, or in cases in which a lien otherwise arises pursuant to this section, the Division is authorized, consistent with the authority established in Title 3, section 119 of this Code, and without further order from the court or Administrative Hearing Office, to secure the assets of the obligor to satisfy the arrearage by issuing a Division Administrative Order, as defined in subsection (f) of this section, to: (1) Intercept or seize periodic or lump-sum payments or benefits due the obligor from any Virgin Islands agency, from court or administrative judgments or settlements, and lottery winnings; or (2) Attach and seize assets of the obligor held in a financial institution; or (3) Attach public and private retirement funds; or (4) Force the sale of the obligor's legal or equitable interest in property and by distribution of the proceeds of such sale. (f) The seizure or sale of assets pursuant to subsection (e) of this section shall be enforced by a Division Administrative Order, signed by the Director of the Division or his or her designee. The Order shall direct the person or entity to hold, subject to the due process rights set out in this section, all assets of any kind of the obligor who is subject to the Order pending the outcome of the due process procedures. The Order shall be based upon and issued pursuant to an existing court or Administrative Hearing Office order, or an order issued by an authorized tribunal of another State, which has previously established support under which an arrearage has occurred. The Division Administrative Order shall: (1) require the person or entity which has or may have the assets of the obligor to immediately seize, hold, and encumber such assets, pending further direction from the Division, or pending any further orders from the court; (2) be subject to and subordinate to any order of a United States Bankruptcy Court, an attachment or execution under any judicial process in effect at the time of the issuance of the Division Order, pending modification of such court's order, or a priority under subsection (b) of this section. (g) Upon receipt of notice from the Division that all due process procedures have been completed or were waived in any manner, and subject to the provisions in subsection (b) and (f) of this section, the person or entity shall pay or deliver to the Division, pursuant to its direction, the assets of the obligor which are held or which come into the possession or control of the person or entity and which are necessary to comply with the terms of the Division's order. (h) There shall be no requirement of advance notice or hearing prior to the seizure of the obligor's property pursuant to this section, but the Division shall issue a notice of the seizure, to be mailed by certified mail within two (2) days of the date that the Division issued the respective Administrative Order, and said notice shall: (1) Inform the obligor of the fact that his assets have been seized or are subject to sale and are being held and may be conveyed to the Division subject to his or her right to contest the Administrative Order by filing an appeal with the Administrative Hearing Office within ten (10) days of receipt of the notice; (2) Inform the obligor that any appeal shall be limited to a showing of mistake of fact, and that a final decision of the Administrative Hearing Office is appealable to the court pursuant to section 354 of this chapter; (3) Inform the obligor that there will be no final disposition of the property seized until the exhaustion of the administrative and judicial remedies provided for in this section; and (4) Inform the obligor of the amount of the overdue support obligation, and identify the assets seized. (i) A final directive of seizure or sale of the obligor's property pursuant to this section shall be effective to convey and vest title in the Division, or in the purchaser, and shall be evidence of title for all purposes. The Attorney General, or his or her agent, may convey title to personal property by certificate of title or may execute a deed conveying title to real property to the purchaser in accordance with regulations as may be promulgated by the Attorney General. (j) All persons or entities complying with any Division Administrative Order issued pursuant to this section shall be absolutely immune from any liability, civil or criminal, for compliance with the terms of such order. (k) At any time after the child support obligation has been paid, the person holding title to the property on which the lien is placed may request the Division to release the lien, and the Division shall release such lien within no more than sixty (60) days of the request, by filing a release with the appropriate entity. History: Added May 5, 1998, No. 6228, § 16, Sess. L. 1998, p. 270.

(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 maximum extent feasible, in which each such financial institution is required to provide, on a quarterly basis, the name, record address, social security number or other taxpayer identification number, and other identifying information for each obligor who maintains an account at such institution and who owes overdue support, as identified by the Division by name, social security number or other taxpayer information. The Division is further authorized to share information obtained through such agreements with other agencies of the Government of the Virgin Islands for the purpose of administering the tax laws, or for verifying financial eligibility for entitlement programs in the Virgin Islands. The Attorney General shall promulgate appropriate rules and regulations for the purpose of sharing information between government agencies. The agreements authorized and mandated by this section shall at minimum provide that: (1) "account", for purposes of this section, shall include a demand deposit account, a checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account; (2) the financial institution, for each obligor submitted by the Division, if such obligor maintains an account at the institution, provide the information required by this subsection; (3) all requests and information provided in response shall be in machine readable form whenever feasible; (4) unless otherwise required by applicable law, an institution furnishing a report or providing information to the Division under this section shall not disclose to a depositor or an account holder that the name of such person has been received from or furnished to the Division; provided, however, that an institution may disclose to its depositors or account holders that under the bank match system the Division has the authority to request certain identifying information on certain depositors or account holders. If an institution willfully violates this provision, such institution shall pay to the Department of Justice the lesser of one thousand dollars or the amount on deposit or in the account of the person to whom such disclosure was made; (5) the institution, in response to a lien issued pursuant to section 375 of this chapter, shall encumber or surrender, as the case may be, assets held by such institution on behalf of the obligor; and (6) the Division may pay a reasonable fee to the financial institution for conducting the data matches required by this section, provided that the fee does not exceed the actual costs incurred by such financial institution, and that the institution may charge an account levied on by the Division pursuant to section 375 of this chapter a fee, as determined by the Division, of not less than twenty nor more than fifty dollars which shall be deducted from such account prior to remitting any funds to the Division; (b) A financial institution shall incur no obligation or liability to a depositor or account holder or any other person arising from the furnishing of a report or information to the Division under this section, or from failure to disclose to a depositor or account holder that the name of such person was included in a list furnished to the Division or in a report furnished by the institution to the Division. (c) Notwithstanding the foregoing provisions, nothing herein shall be construed to prohibit the Division from sharing bank information data with federal agencies or agencies of other states who administer Title IV-D programs if such information sharing is conducted pursuant to federal mandates and consistent with applicable privacy safeguards. History: Added May 5, 1998, No. 6228, § 16, Sess. L. 1998, p. 270.

(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 magnetically, the following information: (1) The employee's name, address and social security number; and (2) The employer's name, address and federal tax identification number. The Commissioner of the Department of Labor, in consultation with the Attorney General, may require that additional data elements be reported pursuant to this section. (b) The information required to be submitted pursuant to subsection (a) of this section shall be made on a W-4 form, or, at the option of the employer, an equivalent form which contains all of the required information set out in subsection (a) of this section, and may be transmitted by 1st class mail, magnetically, or electronically. (c) An employer who has employees in two or more states and who transmits new hire reports electronically or magnetically may comply with this section by designating one of the states in which there is an employee and transmitting the report of new hires to that state. A multi-state employer who elects to report to only one state shall give written notice of the state to which the employer will transmit new reports, as required by 42 U.S.C.653A(B)(1)(B). This notice must be transmitted to the Secretary of the Department of Health and Human Services. (d) The Department of Labor shall establish a New Hire Directory, and shall: (1) Enter the information provided pursuant to subsection (a) of this section into the New Hire Directory within 5 business days after receiving the information; and (2) Within 2 business days after entry, the Department of Labor and the Division, pursuant to an interagency agreement, shall: (A) conduct an automated comparison of the social security numbers of employees as reported by employers and the social security numbers appearing in the records of the Paternity and Child Support Division's State Case Registry, and when an information comparison reveals a positive match between an individual's social security number and the child support records, provide the information collected pursuant to subsection (a) of this section to the Division; and (B) if the child support record contains a current order for support, and if the case is otherwise eligible for income withholding pursuant to this chapter, the Paternity and Child Support Division shall transmit a wage withholding notice pursuant to sections 355 and 357 of this chapter. (e) Within three business days after information is entered into the New Hire Directory pursuant to subsection (d)(1) of this section, the Department of Labor shall furnish said information to the National Directory of New Hires, in a manner and format consistent with federal law and regulation, and, on a quarterly basis, furnish extracts of the reports required under the Social Security Act, 42 U.S.C. Sec.303(a) (6), to be made to the Secretary of Labor concerning the wages and unemployment compensation paid to individuals to the National Directory of New Hires, by such dates, and in such format, and containing such information as specified by federal law and regulation. The information submitted on the quarterly reports shall also be transferred to the Department of Labor's New Hire Directory. (f) The Department of Labor shall make information contained in the New Hire Registry available to the following entities: (1) Virgin Islands agencies responsible for administering Income and Eligibility Verification System programs specified in section 11section 1137(b) of the Social Security Act purpose of verifying program eligibility, including but not limited to TANF, Medicaid program, Unemployment Compensation program and Food Stamp program; and (2) Virgin Islands agencies operating employment security and workers compensation programs for the purpose of administering the programs. (g) Any employer who fails to report the hiring or rehiring of an employee as required by this section is subject to: (1) a civil penalty not to exceed $5,000, for each new hire or rehired employee not reported; or (2) a criminal penalty of $5,000, or one year imprisonment, or both such fine and imprisonment, if the failure to report is intentional and is the result of an agreement between the employer and the employee not to supply the required information or to supply false or incomplete information. (h) The Department of Justice is authorized to file actions for penalties in Superior Court, and any fines assessed by the Court shall be payable to the Paternity and Child Support Division. History: Added May 5, 1998, No. 6228, § 16, Sess. L. 1998, p. 270; amended Sept. 20, 2010, No. 7196, § 2, Sess. L. 2010, p. 180.

This subchapter may be cited as the Uniform Interstate Family Support Act. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 173.

Enforcement Agency (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-support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state, or foreign country. (3) "Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. (4) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. (5) "Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and: (A) which has been declared under the law of the United States to be a foreign reciprocating country; (B) which has established a reciprocal arrangement for child support with the Virgin Islands as provided in section 408; (C) which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this subchapter; (D) in which the Convention is in force with respect to the United States. (6) "Foreign support order" means a support order of a foreign tribunal. (7) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention. (8) "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period. (9) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of the Virgin Islands. (10) "'Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, as defined by the income withholding law in subchapter I of this chapter, to withhold support from the income of the obligor. (11) "Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. (12) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child. (13) "Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child. (14) "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. (15) "Law" includes decisional and statutory law and rules and regulations having the force of law. (16) "Obligee" means: (A) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued; (B) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support; (C) an individual seeking a judgment determining parentage of the individual's child; or (D) a person that is a creditor in a proceeding under Article G. (17) "Obligor" means an individual, or the estate of a decedent that: (A) owes or is alleged to owe a duty of support; (B) is alleged but has not been adjudicated to be a parent of a child; (C) is liable under a support order; or (D) is a debtor in a proceeding under Article G. (18) "Outside the Virgin Islands" means a location in another state or a country other than the United States, whether or not the country is a foreign country. (19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (20) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (21) "Register" means to record or file in a tribunal of the Virgin Islands a support order or judgment determining parentage of a child issued in another state or a foreign country. (22) "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered. (23) "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country. (24) "Responding tribunal" means the authorized tribunal in a responding state or foreign country. (25) "Spousal-support order" means a support order for a spouse or former spouse of the obligor. (26) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe. (27) "Support enforcement agency" means a public official, governmental entity, or private agency authorized to: (A) seek enforcement of support orders or laws relating to the duty of support; (B) seek establishment or modification of child support; (C) request determination of parentage of a child; (D) attempt to locate obligors or their assets; or (E) request determination of the controlling child-support order. (28) "Support order" means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney's fees, and other relief. (29) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. (b) Tribunals of the Virgin Islands. The Superior Court, and the Administrative Hearing Office of the Virgin Islands Department of Justice, Division of Paternity and Child Support are the tribunals of the Virgin Islands. (c) Enforcement agency. The Division of Paternity and Child Support is the support enforcement agency of the Virgin Islands. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 173-177.

(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 a support order under the law of the Virgin Islands; or (2) grant a tribunal of the Virgin Islands jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this subchapter. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 177.

Foreign Support Proceeding (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. (b) A tribunal of the Virgin Islands that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Articles A through F. (c) Omitted. (d) Article G applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Article G is inconsistent with Articles A through F, Article G controls. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 177.

(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 served with a summons within the Virgin Islands; (2) the individual submits to the jurisdiction of the Virgin Islands by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) the individual resided with the child in the Virgin Islands; (4) the individual resided in the Virgin Islands and provided prenatal expenses or support for the child; (5) the child resides in the Virgin Islands as a result of the acts or directives of the individual; (6) the individual engaged in sexual intercourse in the Virgin Islands and the child may have been conceived by that act of intercourse; (7) the individual asserted parentage of a child in the record of acknowledgements of paternity maintained by the Department of Heath Office of Vital Statistics pursuant to section 292(c) of this title; or (8) there is any other basis consistent with the Revised Organic Act of the Virgin Islands and the Constitution of the United States for the exercise of personal jurisdiction. (b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of the Virgin Islands may not be used to acquire personal jurisdiction for a tribunal of the Virgin Islands to modify a child- support order of another state unless the requirements of section 442 are met, or, in the case of a foreign support order, unless the requirements of section 445a are met. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 178.

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 or continuing jurisdiction to enforce its order as provided by sections 395d, 395e, and 395j. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 178.

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. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 179.

(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 the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country; (2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and (3) if relevant, the Virgin Islands is the home state of the child. (b) A tribunal of the Virgin Islands may not exercise jurisdiction to establish a support order if the petition is filed before a petition is filed in another state or a foreign country if: (1) the petition in the other state or foreign country is filed before the expiration of the time allowed in Virgin Islands for filing a responsive pleading challenging the exercise of jurisdiction by state; (2) the contesting party timely challenges the exercise of jurisdiction in the Virgin Islands; and (3) if relevant, the other state or foreign country is the home state of the child. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 179.

(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 filing of a request for modification, the Virgin Islands is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (2) even if the Virgin Islands is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of the Virgin Islands may continue to exercise jurisdiction to modify its order. (b) A tribunal of the Virgin islands that has issued a child-support order consistent with the law of the Virgin Islands may not exercise continuing, exclusive jurisdiction to modify the order if: (1) all of the parties who are individuals file consent in a record with the tribunal of the Virgin Islands that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or (2) its order is not the controlling order. (c) If a tribunal of another state has issued a child-support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act which modifies a child- support order of a tribunal of the Virgin Islands, tribunals of the Virgin Islands shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state. (d) A tribunal of the Virgin Islands that lacks continuing, exclusive jurisdiction to modify a child-support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state. (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 179, 180.

(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 modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or (2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order. (b) A tribunal of the Virgin Islands having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 180.

(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 tribunals of the Virgin Islands, another state, or a foreign country with regard to the same obligor and same child, a tribunal of the Virgin Islands having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized: (1) If only one of the tribunals would have continuing, exclusive jurisdiction under this subchapter, the order of that tribunal controls. (2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this subchapter: (A) an order issued by a tribunal in the current home state of the child controls; or (B) if an order has not been issued in the current home state of the child, the order most recently issued controls. (3) If none of the tribunals would have continuing, exclusive jurisdiction under this subchapter, the tribunal of the Virgin Islands shall issue a child-support order, which controls. (c) If two or more child-support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of the Virgin Islands having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b). The request may be filed with a registration for enforcement or registration for modification pursuant to Article F, or may be filed as a separate proceeding. (d) A request to determine which is the controlling order must be accompanied by a copy of every child- support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (e) The tribunal that issued the controlling order under subsection (a), (b), or (c) has continuing jurisdiction to the extent provided in section 395d or 395e. (f) A tribunal of the Virgin Islands that determines by order which is the controlling order under subsection (b)(1) or (2) or (c), or that issues a new controlling order under subsection (b)(3), shall state in that order: (1) the basis upon which the tribunal made its determination; (2) the amount of prospective support, if any; and (3) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by section 395h. (g) Within 30 days after issuance of an order determining which order is controlling, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. (h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this subchapter. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 180-182.

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 tribunal of the Virgin Islands shall enforce those orders in the same manner as if the orders had been issued by a tribunal of the Virgin Islands. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 182.

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, another state, or a foreign country. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 182.

Jurisdiction 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 Islands pursuant to section 416, communicate with a tribunal outside the Virgin Islands pursuant to section 417, and obtain discovery through a tribunal outside the Virgin Islands pursuant to section 418. In all other respects, Articles C through F do not apply, and the tribunal shall apply the procedural and substantive law of the Virgin Islands. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 182.

Order (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 may not modify a spousal-support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country. (c) A tribunal of the Virgin Islands that has continuing, exclusive jurisdiction over a spousal-support order may serve as: (1) an initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in the Virgin Islands; or (2) a responding tribunal to enforce or modify its own spousal-support order. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 182, 183.

(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 tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 183.

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. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 183.

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 available in those proceedings; and (2) determine the duty of support and the amount payable in accordance with the law and support guidelines of the Virgin Islands. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 183.

(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 identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. (b) If requested by the responding tribunal, a tribunal of the Virgin Islands shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of the Virgin Islands shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 183, 184.

(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 responding tribunal of the Virgin Islands, to the extent not prohibited by other law, may do one or more of the following: (1) establish or enforce a support order, modify a child-support order, determine the controlling child- support order, or determine parentage of a child; (2) order an obligor to comply with a support order, specifying the amount and the manner of compliance; (3) order income withholding; (4) determine the amount of any arrearages, and specify a method of payment; (5) enforce orders by civil or criminal contempt, or both; (6) set aside property for satisfaction of the support order; (7) place liens and order execution on the obligor's property; (8) order an obligor to keep the tribunal informed of the obligor's current residential address, electronic-mail address, telephone number, employer, address of employment, and telephone number at the place of employment; (9) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local, and state computer systems for criminal warrants; (10) order the obligor to seek appropriate employment by specified methods; (11) award reasonable attorney's fees and other fees and costs; and (12) grant any other available remedy. (c) A responding tribunal of the Virgin Islands shall include in a support order issued under this subchapter, or in the documents accompanying the order, the calculations on which the support order is based. (d) A responding tribunal of the Virgin Islands may not condition the payment of a support order issued under this subchapter upon compliance by a party with provisions for visitation. (e) If a responding tribunal of the Virgin Islands issues an order under this subchapter the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any. (f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of the Virgin Islands shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 184, 185.

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 pleading was sent. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 185.

(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 all steps necessary to enable an appropriate tribunal of the Virgin Islands, another state, or a foreign country to obtain jurisdiction over the respondent; (2) request an appropriate tribunal to set a date, time, and place for a hearing; (3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (4) within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner; (5) within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and (6) notify the petitioner if jurisdiction over the respondent cannot be obtained. (c) A support enforcement agency of the Virgin Islands that requests registration of a child-support order in the Virgin Islands for enforcement or for modification shall make reasonable efforts: (1) to ensure that the order to be registered is the controlling order; or (2) if two or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so. (d) The Division of Paternity and Child Support when requesting registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported. (e) The Division of Paternity and Child Support shall issue or request a tribunal of the Virgin Islands to issue a child-support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to section 419. (f) This subchapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 185, 186.

(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 this subchapter or may provide those services directly to the individual. (b) The Attorney General of the Virgin Islands may determine that a foreign country has established a reciprocal arrangement for child support with the Virgin Islands and take appropriate action for notification of the determination. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 186.

An individual may employ private counsel to represent the individual in proceedings authorized by this subchapter. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 186.

(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 the tribunals in the Virgin Islands which have jurisdiction under this subchapter and any support enforcement agencies in the Virgin Islands and transmit a copy to the state information agency of every other state; (2) maintain a register of names and addresses of tribunals and support enforcement agencies received from other states; (3) forward to the appropriate tribunal in the judicial division in Virgin Islands in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located all documents concerning a proceeding under this subchapter received from another state or a foreign country; and (4) obtain information concerning the location of the obligor and the obligor's property within the Virgin Islands not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 187.

(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 section 412, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent. (b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 187, 188.

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. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 188.

(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 expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses. (c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Article F, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 188.

(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 proceeding. (b) A petitioner is not amenable to service of civil process while physically present in the Virgin Islands to participate in a proceeding under this subchapter. (c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this subchapter committed by a party while physically present in the Virgin Islands to participate in the proceeding. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 188.

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. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 189.

(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 document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside the Virgin Islands. (c) A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made. (d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary. (e) Documentary evidence transmitted from outside the Virgin Islands to a tribunal of the Virgin Islands by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission. (f) In a proceeding under this subchapter, a tribunal of the Virgin Islands shall permit a party or witness residing outside the Virgin Islands to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of the Virgin Islands shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony. (g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. (h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this subchapter. (i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this subchapter. (j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 189, 190.

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 of a proceeding. A tribunal of the Virgin Islands may furnish similar information by similar means to a tribunal outside the Virgin Islands. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 190.

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. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 190.

(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 certified statement by the custodian of the record of the amounts and dates of all payments received. (b) If neither the obligor, nor the obligee who is an individual, nor the child resides in the Virgin Islands, upon request from the support enforcement agency of the Virgin Islands or another state, the support enforcement agency of the Virgin Islands or a tribunal of the Virgin Islands shall: (1) direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and (2) issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments. (e) The support enforcement agency of the Virgin Islands receiving redirected payments from another state pursuant to a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 190.

(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; or (2) the support enforcement agency seeking the order is located outside this Virgin Islands. (b) The tribunal may issue a temporary child-support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is: (1) a presumed father of the child; (2) petitioning to have his paternity adjudicated; (3) identified as the father of the child through genetic testing; (4) an alleged father who has declined to submit to genetic testing; (5) shown by clear and convincing evidence to be the father of the child; (6) an acknowledged father as provided by sections 292 and 370 of this title; (7) the mother of the child; or (8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated. (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 405. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 191.

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. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 191.

State 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 pleading or registering the order with a tribunal of the Virgin Islands. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 191, 192.

Another State (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 tribunal of the Virgin Islands. (c) Except as otherwise provided in subsection (d) and section 427, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify: (1) the duration and amount of periodic payments of current child support, stated as a sum certain; (2) the person designated to receive payments and the address to which the payments are to be forwarded; (3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment; (4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and (5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to: (1) the employer's fee for processing an income-withholding order; and (2) the maximum amount permitted to be withheld from the obligor's income; (3) the times within which the employer must implement the withholding order and forward the child- support payment. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 192.

Orders 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 the priorities for withholding and allocating income withheld for two or more child-support obligees. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 192, 193.

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. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 193.

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. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 193.

(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 Article F, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of the Virgin Islands. (b) The obligor shall give notice of the contest to: (1) a support enforcement agency providing services to the obligee; (2) each employer that has directly received an income-withholding order relating to the obligor; and (3) the person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 193.

(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. (b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of the Virgin Islands to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this subchapter. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 193.

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. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 194.

(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 transmittal to the tribunal requesting registration and enforcement; (2) two copies, including one certified copy, of the order to be registered, including any modification of the order; (3) a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage; (4) the name of the obligor and, if known: (A) the obligor's address and social security number; (B) the name and address of the obligor's employer and any other source of income of the obligor; and (C) a description and the location of property of the obligor in the Virgin Islands not exempt from execution; and (5) except as otherwise provided in section 412, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted. (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form. (c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of the Virgin Islands may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought. (d) If two or more orders are in effect, the person requesting registration shall: (1) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section; (2) specify the order alleged to be the controlling order, if any; and (3) specify the amount of consolidated arrears, if any. (e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 194, 195.

(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 in the same manner and is subject to the same procedures as an order issued by a tribunal of the Virgin Islands. (c) Except as otherwise provided in this subchapter, a tribunal of the Virgin Islands shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 195.

(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 the arrearages under the support order; and (3) the existence and satisfaction of other obligations under the support order. (b) In a proceeding for arrears under a registered support order, the statute of limitation of the Virgin Islands, or of the issuing state or foreign country, whichever is longer, applies. (c) A responding tribunal of the Virgin Islands shall apply the procedures and remedies of the Virgin Islands to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in the Virgin Islands. (d) After a tribunal of the Virgin Islands or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of the Virgin Islands shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 195, 196.

(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 documents and relevant information accompanying the order. (b) A notice must inform the nonregistering party: (1) that a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of the Virgin Islands; (2) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under section 446f of this subchapter; (3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and (4) of the amount of any alleged arrearages. (c) If the registering party asserts that two or more orders are in effect, a notice must also: (1) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any; (2) notify the nonregistering party of the right to a determination of which is the controlling order; (3) state that the procedures provided in subsection (b) apply to the determination of which is the controlling order; and (4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order. (d) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the subchapter I of this chapter. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 196.

Support Order (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 to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 438. (b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law. (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 197.

(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 obtained by fraud; (3) the order has; been vacated, suspended, or modified by a later order; (4) the issuing tribunal has stayed the order pending appeal; (5) there is a defense under the law of the Virgin Islands to the remedy sought; (6) full or partial payment has been made; (7) the statute of limitation under section 436(b)(2) precludes enforcement of some or all of the alleged arrearages; or (8) the alleged controlling order is not the controlling order. (b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of the Virgin Islands. (c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 197, 198.

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. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 198.

Modification 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. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 198.

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 requirements of section 442 or 444 have been met. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 198.

(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) neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state; (B) a petitioner who is a nonresident of the Virgin Islands seeks modification; and (C) the respondent is subject to the personal jurisdiction of the tribunal of the Virgin Islands; or (2) the Virgin Islands is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of the Virgin Islands, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of the Virgin Islands to modify the support order and assume continuing, exclusive jurisdiction. (b) Modification of a registered child-support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of the Virgin Islands and the order may be enforced and satisfied in the same manner. (c) A tribunal of the Virgin Islands may not modify any aspect of a child-support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recognized under section 395f establishes the aspects of the support order which are nonmodifiable. (d) In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of the Virgin Islands. (e) On the issuance of an order by a tribunal of the Virgin Islands modifying a child-support order issued in another state, the tribunal of the Virgin Islands becomes the tribunal having continuing, exclusive jurisdiction. (f) Notwithstanding subsections (a) through (e) and section 395(b), a tribunal of the Virgin Islands retains jurisdiction to modify an order issued by a tribunal of the Virgin Islands if: (1) one party resides in another state; and (2) the other party resides outside the United States. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 198, 199.

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 as to arrears and interest accruing before the modification; (2) may provide appropriate relief for violations of its order which occurred before the effective date of the modification; and (3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 199.

Individual Parties Reside In the Virgin Islands (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. (b) A tribunal of the Virgin Islands exercising jurisdiction under this section shall apply the provisions of Articles A and B, this article, and the procedural and substantive law of the Virgin Islands to the proceeding for enforcement or modification. Articles C, D, E, G, and H do not apply. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 199, 200.

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 knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 200.

(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 individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child-support order otherwise required of the individual pursuant to section 442 has been given or whether the individual seeking modification is a resident of the Virgin Islands or of the foreign country. (b) An order issued by a tribunal of the Virgin Islands modifying a foreign child-support order pursuant to this section is the controlling order. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 200.

For Modification 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 may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 200.

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 a foreign country described in section 392(a)(5)(D) to perform the functions specified in the Convention. (3) "Convention support order" means a support order of a tribunal of a foreign country described in section 392(a)(5)(D). (4) "Direct request" means a petition filed by an individual in a tribunal of the Virgin Islands in a proceeding involving an obligee, obligor, or child residing outside the United States. (5) Foreign central authority" means the entity designated by a foreign country described in section 392(a) (5)(D) to perform the functions specified in the Convention. (6) "Foreign support agreement": (A) means an agreement for support in a record that: (i) is enforceable as a support order in the country of origin; (ii) has been: (I) formally drawn up or registered as an authentic instrument by a foreign tribunal; or (II) authenticated by, or concluded, registered, or filed with a foreign tribunal; and (III) may be reviewed and modified by a foreign tribunal; and (B) includes a maintenance arrangement or authentic instrument under the Convention. (7) "United States central authority" means the Secretary of the United States Department of Health and Human Services. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 200, 201.

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. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 201.

of Paternity and Child Support to United States Central Authority 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. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 201.

Paternity and Child Support of Proceeding Under Convention (a) In a support proceeding under this article the Division of Paternity and Child Support shall: (1) transmit and receive applications; and (2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of the Virgin Islands. (b) The following support proceedings are available to an obligee under the Convention: (1) recognition or recognition and enforcement of a foreign support order; (2) enforcement of a support order issued or recognized in the Virgin Islands; (3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child; (4) establishment of a support order if recognition of a foreign support order is refused under section 446g(b)(2), (4), or (9); (5) modification of a support order of a tribunal of the Virgin Islands; and (6) modification of a support order of a tribunal of another state or a foreign country. (c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order: (1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of the Virgin Islands; (2) modification of a support order of a tribunal of the Virgin Islands; and (3) modification of a support order of a tribunal of another state or a foreign country. (d) A tribunal of the Virgin Islands may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 201, 202.

(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of the Virgin Islands applies. (b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 446e through 446 l apply. (c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement: (1) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and (2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of the Virgin Islands under the same circumstances. (d) A petitioner filing a direct request is not entitled to assistance from the Division of Paternity and Child Support. (e) This article does not prevent the application of laws of the Virgin Islands that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 202, 203.

(a) Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in Virgin Islands as provided in Article F. (b) Notwithstanding sections 411 and 433(a), a request for registration of a Convention support order must be accompanied by: (1) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law; (2) a record stating that the support order is enforceable in the issuing country; (3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; (4) a record showing the amount of arrears, if any, and the date the amount was calculated; (5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and (6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country. (c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order. (d) A tribunal of the Virgin Islands may vacate the registration of a Convention support order without the filing of a contest under section 446f only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy. (e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 203, 204.

(a) Except as otherwise provided in this article, sections 436 through 439 apply to a contest of a registered Convention support order. (b) A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration. (c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable. (d) A contest of a registered Convention support order may be based only on grounds set forth in section 446g. The contesting party bears the burden of proof. (e) In a contest of a registered Convention support order, a tribunal of the Virgin Islands: (1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and (2) may not review the merits of the order. (f) A tribunal of the Virgin Islands deciding a contest of a registered Convention support order shall promptly notify the parties of its decision. (g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 204.

Order (a) Except as otherwise provided in subsection (b), a tribunal of the Virgin Islands shall recognize and enforce a registered Convention support order. (b) The following grounds are the only grounds on which a tribunal of the Virgin Islands may refuse recognition and enforcement of a registered Convention support order: (1) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard; (2) the issuing tribunal lacked personal jurisdiction consistent with section 395; (3) the order is not enforceable in the issuing country; (4) the order was obtained by fraud in connection with a matter of procedure; (5) a record transmitted in accordance with section 446e lacks authenticity or integrity; (6) a proceeding between the same parties and having the same purpose is pending before a tribunal of the Virgin Islands and that proceeding was the first to be filed; (7) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this subchapter the Virgin Islands; (8) payment, to the extent alleged arrears have been paid in whole or in part; (9) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country: (A) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or (B) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or (10) the order was made in violation of section 446j. (c) If a tribunal of the Virgin Islands does not recognize a Convention support order under subsection (b) (2), (4), or (9): (1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and (2) the Division of Paternity and Child Support shall take all appropriate measures to request a child- support order for the obligee if the application for recognition and enforcement was received under section 446c. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 204-206.

If a tribunal of the Virgin Islands does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 206.

(a) Except as otherwise provided in subsections (c) and (d), a tribunal of the Virgin Islands shall recognize and enforce a foreign support agreement registered in the Virgin Islands. (b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: (1) a complete text of the foreign support agreement; and (2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country. (c) A tribunal of the Virgin Islands may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy. (d) In a contest of a foreign support agreement, a tribunal of the Virgin Islands may refuse recognition and enforcement of the agreement if it finds: (1) recognition and enforcement of the agreement is manifestly incompatible with public policy; (2) the agreement was obtained by fraud or falsification; (3) the agreement is incompatible with a support order involving the same parties and having the same purpose in the Virgin Islands, another state, or a foreign country if the support order is entitled to recognition and enforcement under this subchapter in the Virgin Islands; or (4) the record submitted under subsection (b) lacks authenticity or integrity. (e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 206.

(a) A tribunal of the Virgin Islands may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless: (1) the obligee submits to the jurisdiction of a tribunal of the Virgin Islands, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or (2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order. (b) If a tribunal of the Virgin Islands does not modify a Convention child-support order because the order is not recognized in the Virgin Islands, section 446g(c) applies. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 207.

Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 207.

A record filed with a tribunal of the Virgin Islands under this article must be in the original language and, if not in English, must be accompanied by an English translation. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 207.

(a) For purposes of this article, "Governor" includes an individual performing the functions of Governor or the executive authority of a state covered by this subchapter. (b) The Governor of the Virgin Islands may: (1) demand that the Governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or (2) on the demand of the Governor of another state, surrender an individual found in the Virgin Islands who is charged criminally in the other state with having failed to provide for the support of an obligee. (c) A provision for extradition of individuals not inconsistent with this subchapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 207.

(a) Before making a demand that the Governor of another slate surrender an individual charged criminally in the Virgin Islands with having failed to provide for the support of an obligee, the Governor of the Virgin Islands may require a prosecutor of the Virgin Islands to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this subchapter or that the proceeding would be of no avail. (b) If, under this subchapter or a law substantially similar to this subchapter, the Governor of another state makes a demand that the Governor of the Virgin Islands surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 208.

In applying and construing this subchapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Uniform Interstate Family Support Act, as amended in 2008. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 208.

This subchapter applies to proceedings begun on or after the effective date of this subchapter to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 208.

If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 208.

If a provision of this subchapter is inconsistent with a provision of subchapter I of this chapter, this subchapter controls. History: Added Dec. 29, 2015, No. 7805, § 1, Sess. L. 2015, p. 209.

History: Repealed. Dec. 29, 2015, No. 7805, § 2, Sess. L. 2015, p. 209.

History: Repealed. Dec. 29, 2015, No. 7805, § 2, Sess. L. 2015, p. 209.

History: Repealed. Dec. 29, 2015, No. 7805, § 2, Sess. L. 2015, p. 209.

History: Repealed. Dec. 29, 2015, No. 7805, § 2, Sess. L. 2015, p. 209.

History: Repealed. Dec. 29, 2015, No. 7805, § 2, Sess. L. 2015, p. 209.

History: Repealed. Dec. 29, 2015, No. 7805, § 2, Sess. L. 2015, p. 209.

History: Repealed. Apr. 27, 1998, No. 6228, § 18, Sess. L. 1998, p. 318.

History: Repealed. Apr. 27, 1998, No. 6228, § 18, Sess. L. 1998, p. 318.

This chapter is known as and may be cited as "The Virgin Islands Grandparents' Visitation Rights Act". History: Added June 17, 2002, No. 6509, § 1, Sess. L. 2002, p. 294.

It is the express policy of this Territory to encourage continuing contact between a minor child and parents and grandparents who have shown the ability to act in the best interest of the child and to further encourage parents and grandparents to share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage or relationship. History: Added June 17, 2002, No. 6509, § 1, Sess. L. 2002, p. 294.

For purposes of this chapter, the term, "grandparent" means (1) the biological or adoptive parent of either parent of the minor child, including (2) a biological grandparent of a child adopted by a stepparent, or another relative of the child, including a stepparent of the minor child's parent, where a substantial relationship exists between the other relative and the child, and visitation means visitation that is supervised or unsupervised depending on the circumstances of every case and as determined by the court. History: Added June 17, 2002, No. 6509, § 1, Sess. L. 2002, p. 294.

(a) A grandparent of a minor child may petition the court for reasonable rights of visitation of a minor child when one or more of the following circumstances exists: (1) The parents of the minor child are currently living separately and apart on a permanent or indefinite basis. (2) One of the parents has been absent for not less than one month, without the other parent's knowing the whereabouts of the absent parent. (3) The child is not residing with either parent and has not been legally adopted. (4) The child's parent, who is the child of the grandparents, has died and the parent has not married a spouse who has legally adopted the child. (b) The petitioner shall give notice of the petition by personal service, pursuant to the Rules of the Superior Court, to each of the parents of the child, any stepparent, and any person who has physical custody of the child. History: Added June 17, 2002, No. 6509, § 1, Sess. L. 2002, p. 294.

Rights The court may grant a grandparent reasonable rights of visitation or access to a minor child upon finding that the rights of visitation or access are in the best interest of the child and would not significantly interfere with any parent-child relationship or with the parent's rightful authority over the child. In applying this standard, the court shall consider the following factors: (a) Whether such visitation would be in the best interest of the child; (b) Whether such visitation would interfere with any parent-child relationship or with a parent's authority over the child; (c) The nature of the relationship between the grandparent and the minor child, including but not limited to, the frequency of contact, and whether the child has lived with the grandparent and length of time of such residence, and the motivation of the grandparent and capacity to give the child love, affection and guidance; (d) Whether there is reasonable cause to believe that the child's physical or emotional health would be endangered by such visitation or lack of it; (e) The nature of the relationship between the grandparent and the parent of the minor child, including friction between the grandparent and the parent, and the effect such friction would have on the child; (f) The age of the child; (g) The circumstances that resulted in the absence of a nuclear family, whether by divorce, death, relinquishment or termination of parental rights, or other cause; (h) The recommendation regarding visitation made by any guardian ad litem appointed for the child or by a child welfare agency; (i) Any preference or wishes expressed by the child, if the child is of sufficient age and maturity to express a meaningful preference; and (j) Any such other factors as the court may find appropriate or relevant to the petition for visitation. History: Added June 17, 2002, No. 6509, § 1, Sess. L. 2002, p. 295.

(a) Once a grandparent has been granted visitation rights, the grandparent shall be given proper notice of any petition or order providing for a change in custody or visitation rights, and the grandparent shall have standing to intervene and be heard in any hearing affecting the grandparent's visitation rights. (b) Any order granting, modifying or denying parent visitation rights shall not affect visitation rights granted to a grandparent pursuant to this chapter, absent a specific finding pursuant to section 608 of this chapter. (c) If the child is actually residing with a grandparent in a stable relationship, whether the court has awarded custody or visitation to the grandparent or not, the court may recognize the grandparent as having the same standing as a parent for evaluating what custody arrangements are in the best interest of the child. History: Added June 17, 2002, No. 6509, § 1, Sess. L. 2002, p. 296.

The visitation rights granted to grandparents under this chapter do not apply in cases where the grandparent's access to the minor child has been restricted for any reason prior to or contemporaneous with the divorce, death, relinquishment or termination of parental rights, or other cause of the absence of a nuclear family. History: Added June 17, 2002, No. 6509, § 1, Sess. L. 2002, p. 296.

Upon petition by either parent and a finding that a significant change of circumstances has occurred where visitation is no longer in the best interest of the child, the court may modify or terminate grandparent visitation rights. Any order denying or terminating grandparent visitation shall be in writing and shall state its reasons for denial or termination. An order denying or terminating visitation shall be a final order for the purposes of appeal. History: Added June 17, 2002, No. 6509, § 1, Sess. L. 2002, p. 296.