§ 20-79.1. Enforcement of support orders; income deduction; penalty forwrongful discharge.
A. As part of any order directing a person to pay child support, except forinitial orders entered pursuant to § 20-79.2 or spousal support pursuant tothis chapter or §§ 16.1-278.15 through 16.1-278.18, 20-103, 20-107.2 or §20-109.1, or by separate order at any time thereafter, a court of competentjurisdiction may order a person's employer to deduct from the amounts due orpayable to such person, the entitlement to which is based upon income asdefined in § 63.2-1900, the amount of current support due and an amount to beapplied to arrearages, if any. The terms "employer" and "income" shallhave the meanings prescribed in § 63.2-1900. The court shall order suchincome deductions (i) if so provided in a stipulation or contract signed bythe party ordered to pay such support and filed with the pleadings ordepositions, (ii) upon receipt of a notice of arrearages in a case in whichan order has been entered pursuant to § 20-60.3, or (iii) upon a finding thatthe respondent is in arrears for an amount equal to one month's supportobligation. The court may, in its discretion, order such payroll deduction(i) based upon the obligor's past financial responsibility, history of priorpayments pursuant to any such support order, and any other matter which thecourt considers relevant in determining the likelihood of payment inaccordance with the support order, or (ii) at the request of the obligor.
B. Any income deduction order shall be entered upon motion and concurrentproper notice sent by the clerk or counsel. The notice shall cite thissection. If the notice is sent by the clerk, it shall be served in accordancewith the provisions of § 8.01-296 or § 8.01-329, or sent by certified mail orby electronic means, including facsimile transmission, to the employer. Anemployer paying wages subject to deduction shall deliver the notice to theperson ordered to pay such support.
The notice shall advise the obligor (i) of the amount proposed to bewithheld, (ii) that the order of the court will apply to current and futureincome, (iii) of the right to contest the order, (iv) that the obligor mustfile a written notice of contest of such deduction with the court within tendays of the date of issuance of the notice, (v) that if the notice iscontested, a hearing will be held and a decision rendered within ten daysfrom the receipt of the notice of contest by the court, unless good cause isshown for additional time, which shall in no event exceed forty-five daysfrom receipt of the notice by the obligor, (vi) that only disputes as tomistakes of fact as defined in § 63.2-1900 will be heard, (vii) that anyorder for income deduction entered will state when the deductions will startand the information that will be provided to the person's employer, and(viii) that payment of overdue support upon receipt of the notice shall notbe a bar to the implementation of withholding.
Whenever the obligor and the obligee agree to income deductions in a contractor stipulation, the obligor shall be deemed to have waived notice as requiredin this subsection and the deduction shall be ordered only upon thestipulation or contract being approved by the court.
C. The income deduction order of the court shall by its terms direct theclerk to issue an order in accordance with § 20-79.3 to any employer and, ifrequired, to each future employer, as necessary to implement the order. Theorder shall cite this section as authority for the entry of the order.
D. The rights and responsibilities of employers with respect to incomededuction orders are set out in § 20-79.3.
E. The order to the employer pursuant to this section shall be effective whena certified copy thereof has been served upon or sent to the employer byelectronic means, including facsimile transmission. A copy shall be providedto the employee by the employer. If the employer is a corporation, suchservice shall be accomplished as is provided in § 8.01-513.
F. Any order issued pursuant to this section shall be promptly terminated ormodified, as appropriate, after notice and an opportunity for a hearing forthe parties when (i) the whereabouts of the children entitled to support andtheir custodian become unknown, or (ii) the support obligation to an obligeeceases. Any such order shall be promptly modified, as appropriate, whenarrearages have been paid in full.
G. The Department of Social Services may charge an obligee an appropriate feewhen complying with an order entered under this section sufficient to coverthe Department's cost.
H. If a court of competent jurisdiction in any state or territory of theUnited States or the District of Columbia has ordered a person to pay childsupport, a court of competent jurisdiction in this Commonwealth, upon motion,notice and opportunity for a hearing as provided in this section, shall enteran income deduction order, conforming with § 20-79.3 as provided in thissection. The rights and responsibilities of the employer with respect to theorder are set out in § 20-79.3. Similar orders of the courts of thisCommonwealth may be enforced in a similar manner in such other state,territory or district.
I. The court or clerk shall attempt to ascertain the obligor's pay periodinterval prior to service of the clerk's order. If, after the order isserved, the employer replies to the court that the pay period interval in theincome deduction order differs from the obligor's pay period interval, theclerk shall convert the single monetary amount in the income deduction orderto an equivalent single monetary amount for the obligor's pay period intervalpursuant to a formula approved by the Committee on District Courts. Theequivalent single monetary amount shall be contained in a new order issued bythe clerk and served on the employer and which conforms to § 20-79.3.
J. If the Department of Social Services or the Department's designee receivespayments deducted from income of the obligor pursuant to more than onejudicial order or a combination of judicial and administrative orders, theDepartment or the Department's designee shall first allocate such paymentsamong the obligees under such orders with priority given to payment of theorder for current support. Where payments are received pursuant to two ormore orders for current support, the Department or the Department's designeeshall prorate the payments received on the basis of the amounts due undereach such order. Upon satisfaction of any amounts due for current support theDepartment or the Department's designee shall prorate the remainder of thepayments received on the basis of amounts due under any orders for accruedarrearages.
(1982, c. 298; 1983, c. 481; 1985, c. 488; 1986, c. 594; 1987, cc. 658, 706;1988, c. 906; 1990, c. 896; 1991, c. 534; 1997, cc. 648, 663; 1998, c. 727.)
§ 20-79.1. Enforcement of support orders; income deduction; penalty forwrongful discharge.
A. As part of any order directing a person to pay child support, except forinitial orders entered pursuant to § 20-79.2 or spousal support pursuant tothis chapter or §§ 16.1-278.15 through 16.1-278.18, 20-103, 20-107.2 or §20-109.1, or by separate order at any time thereafter, a court of competentjurisdiction may order a person's employer to deduct from the amounts due orpayable to such person, the entitlement to which is based upon income asdefined in § 63.2-1900, the amount of current support due and an amount to beapplied to arrearages, if any. The terms "employer" and "income" shallhave the meanings prescribed in § 63.2-1900. The court shall order suchincome deductions (i) if so provided in a stipulation or contract signed bythe party ordered to pay such support and filed with the pleadings ordepositions, (ii) upon receipt of a notice of arrearages in a case in whichan order has been entered pursuant to § 20-60.3, or (iii) upon a finding thatthe respondent is in arrears for an amount equal to one month's supportobligation. The court may, in its discretion, order such payroll deduction(i) based upon the obligor's past financial responsibility, history of priorpayments pursuant to any such support order, and any other matter which thecourt considers relevant in determining the likelihood of payment inaccordance with the support order, or (ii) at the request of the obligor.
B. Any income deduction order shall be entered upon motion and concurrentproper notice sent by the clerk or counsel. The notice shall cite thissection. If the notice is sent by the clerk, it shall be served in accordancewith the provisions of § 8.01-296 or § 8.01-329, or sent by certified mail orby electronic means, including facsimile transmission, to the employer. Anemployer paying wages subject to deduction shall deliver the notice to theperson ordered to pay such support.
The notice shall advise the obligor (i) of the amount proposed to bewithheld, (ii) that the order of the court will apply to current and futureincome, (iii) of the right to contest the order, (iv) that the obligor mustfile a written notice of contest of such deduction with the court within tendays of the date of issuance of the notice, (v) that if the notice iscontested, a hearing will be held and a decision rendered within ten daysfrom the receipt of the notice of contest by the court, unless good cause isshown for additional time, which shall in no event exceed forty-five daysfrom receipt of the notice by the obligor, (vi) that only disputes as tomistakes of fact as defined in § 63.2-1900 will be heard, (vii) that anyorder for income deduction entered will state when the deductions will startand the information that will be provided to the person's employer, and(viii) that payment of overdue support upon receipt of the notice shall notbe a bar to the implementation of withholding.
Whenever the obligor and the obligee agree to income deductions in a contractor stipulation, the obligor shall be deemed to have waived notice as requiredin this subsection and the deduction shall be ordered only upon thestipulation or contract being approved by the court.
C. The income deduction order of the court shall by its terms direct theclerk to issue an order in accordance with § 20-79.3 to any employer and, ifrequired, to each future employer, as necessary to implement the order. Theorder shall cite this section as authority for the entry of the order.
D. The rights and responsibilities of employers with respect to incomededuction orders are set out in § 20-79.3.
E. The order to the employer pursuant to this section shall be effective whena certified copy thereof has been served upon or sent to the employer byelectronic means, including facsimile transmission. A copy shall be providedto the employee by the employer. If the employer is a corporation, suchservice shall be accomplished as is provided in § 8.01-513.
F. Any order issued pursuant to this section shall be promptly terminated ormodified, as appropriate, after notice and an opportunity for a hearing forthe parties when (i) the whereabouts of the children entitled to support andtheir custodian become unknown, or (ii) the support obligation to an obligeeceases. Any such order shall be promptly modified, as appropriate, whenarrearages have been paid in full.
G. The Department of Social Services may charge an obligee an appropriate feewhen complying with an order entered under this section sufficient to coverthe Department's cost.
H. If a court of competent jurisdiction in any state or territory of theUnited States or the District of Columbia has ordered a person to pay childsupport, a court of competent jurisdiction in this Commonwealth, upon motion,notice and opportunity for a hearing as provided in this section, shall enteran income deduction order, conforming with § 20-79.3 as provided in thissection. The rights and responsibilities of the employer with respect to theorder are set out in § 20-79.3. Similar orders of the courts of thisCommonwealth may be enforced in a similar manner in such other state,territory or district.
I. The court or clerk shall attempt to ascertain the obligor's pay periodinterval prior to service of the clerk's order. If, after the order isserved, the employer replies to the court that the pay period interval in theincome deduction order differs from the obligor's pay period interval, theclerk shall convert the single monetary amount in the income deduction orderto an equivalent single monetary amount for the obligor's pay period intervalpursuant to a formula approved by the Committee on District Courts. Theequivalent single monetary amount shall be contained in a new order issued bythe clerk and served on the employer and which conforms to § 20-79.3.
J. If the Department of Social Services or the Department's designee receivespayments deducted from income of the obligor pursuant to more than onejudicial order or a combination of judicial and administrative orders, theDepartment or the Department's designee shall first allocate such paymentsamong the obligees under such orders with priority given to payment of theorder for current support. Where payments are received pursuant to two ormore orders for current support, the Department or the Department's designeeshall prorate the payments received on the basis of the amounts due undereach such order. Upon satisfaction of any amounts due for current support theDepartment or the Department's designee shall prorate the remainder of thepayments received on the basis of amounts due under any orders for accruedarrearages.
(1982, c. 298; 1983, c. 481; 1985, c. 488; 1986, c. 594; 1987, cc. 658, 706;1988, c. 906; 1990, c. 896; 1991, c. 534; 1997, cc. 648, 663; 1998, c. 727.)
§ 20-79.1. Enforcement of support orders; income deduction; penalty forwrongful discharge.
A. As part of any order directing a person to pay child support, except forinitial orders entered pursuant to § 20-79.2 or spousal support pursuant tothis chapter or §§ 16.1-278.15 through 16.1-278.18, 20-103, 20-107.2 or §20-109.1, or by separate order at any time thereafter, a court of competentjurisdiction may order a person's employer to deduct from the amounts due orpayable to such person, the entitlement to which is based upon income asdefined in § 63.2-1900, the amount of current support due and an amount to beapplied to arrearages, if any. The terms "employer" and "income" shallhave the meanings prescribed in § 63.2-1900. The court shall order suchincome deductions (i) if so provided in a stipulation or contract signed bythe party ordered to pay such support and filed with the pleadings ordepositions, (ii) upon receipt of a notice of arrearages in a case in whichan order has been entered pursuant to § 20-60.3, or (iii) upon a finding thatthe respondent is in arrears for an amount equal to one month's supportobligation. The court may, in its discretion, order such payroll deduction(i) based upon the obligor's past financial responsibility, history of priorpayments pursuant to any such support order, and any other matter which thecourt considers relevant in determining the likelihood of payment inaccordance with the support order, or (ii) at the request of the obligor.
B. Any income deduction order shall be entered upon motion and concurrentproper notice sent by the clerk or counsel. The notice shall cite thissection. If the notice is sent by the clerk, it shall be served in accordancewith the provisions of § 8.01-296 or § 8.01-329, or sent by certified mail orby electronic means, including facsimile transmission, to the employer. Anemployer paying wages subject to deduction shall deliver the notice to theperson ordered to pay such support.
The notice shall advise the obligor (i) of the amount proposed to bewithheld, (ii) that the order of the court will apply to current and futureincome, (iii) of the right to contest the order, (iv) that the obligor mustfile a written notice of contest of such deduction with the court within tendays of the date of issuance of the notice, (v) that if the notice iscontested, a hearing will be held and a decision rendered within ten daysfrom the receipt of the notice of contest by the court, unless good cause isshown for additional time, which shall in no event exceed forty-five daysfrom receipt of the notice by the obligor, (vi) that only disputes as tomistakes of fact as defined in § 63.2-1900 will be heard, (vii) that anyorder for income deduction entered will state when the deductions will startand the information that will be provided to the person's employer, and(viii) that payment of overdue support upon receipt of the notice shall notbe a bar to the implementation of withholding.
Whenever the obligor and the obligee agree to income deductions in a contractor stipulation, the obligor shall be deemed to have waived notice as requiredin this subsection and the deduction shall be ordered only upon thestipulation or contract being approved by the court.
C. The income deduction order of the court shall by its terms direct theclerk to issue an order in accordance with § 20-79.3 to any employer and, ifrequired, to each future employer, as necessary to implement the order. Theorder shall cite this section as authority for the entry of the order.
D. The rights and responsibilities of employers with respect to incomededuction orders are set out in § 20-79.3.
E. The order to the employer pursuant to this section shall be effective whena certified copy thereof has been served upon or sent to the employer byelectronic means, including facsimile transmission. A copy shall be providedto the employee by the employer. If the employer is a corporation, suchservice shall be accomplished as is provided in § 8.01-513.
F. Any order issued pursuant to this section shall be promptly terminated ormodified, as appropriate, after notice and an opportunity for a hearing forthe parties when (i) the whereabouts of the children entitled to support andtheir custodian become unknown, or (ii) the support obligation to an obligeeceases. Any such order shall be promptly modified, as appropriate, whenarrearages have been paid in full.
G. The Department of Social Services may charge an obligee an appropriate feewhen complying with an order entered under this section sufficient to coverthe Department's cost.
H. If a court of competent jurisdiction in any state or territory of theUnited States or the District of Columbia has ordered a person to pay childsupport, a court of competent jurisdiction in this Commonwealth, upon motion,notice and opportunity for a hearing as provided in this section, shall enteran income deduction order, conforming with § 20-79.3 as provided in thissection. The rights and responsibilities of the employer with respect to theorder are set out in § 20-79.3. Similar orders of the courts of thisCommonwealth may be enforced in a similar manner in such other state,territory or district.
I. The court or clerk shall attempt to ascertain the obligor's pay periodinterval prior to service of the clerk's order. If, after the order isserved, the employer replies to the court that the pay period interval in theincome deduction order differs from the obligor's pay period interval, theclerk shall convert the single monetary amount in the income deduction orderto an equivalent single monetary amount for the obligor's pay period intervalpursuant to a formula approved by the Committee on District Courts. Theequivalent single monetary amount shall be contained in a new order issued bythe clerk and served on the employer and which conforms to § 20-79.3.
J. If the Department of Social Services or the Department's designee receivespayments deducted from income of the obligor pursuant to more than onejudicial order or a combination of judicial and administrative orders, theDepartment or the Department's designee shall first allocate such paymentsamong the obligees under such orders with priority given to payment of theorder for current support. Where payments are received pursuant to two ormore orders for current support, the Department or the Department's designeeshall prorate the payments received on the basis of the amounts due undereach such order. Upon satisfaction of any amounts due for current support theDepartment or the Department's designee shall prorate the remainder of thepayments received on the basis of amounts due under any orders for accruedarrearages.
(1982, c. 298; 1983, c. 481; 1985, c. 488; 1986, c. 594; 1987, cc. 658, 706;1988, c. 906; 1990, c. 896; 1991, c. 534; 1997, cc. 648, 663; 1998, c. 727.)
