2006 Code of Virginia § 20-60.3 - Contents of support orders

20-60.3. Contents of support orders.

All orders directing the payment of spousal support where there are minorchildren whom the parties have a mutual duty to support and all ordersdirecting the payment of child support, including those orders confirmingseparation agreements, entered on or after October 1, 1985, whether they areoriginal orders or modifications of existing orders, shall contain thefollowing:

1. Notice that support payments may be withheld as they become due pursuantto 20-79.1 or 20-79.2, from income as defined in 63.2-1900, withoutfurther amendments of this order or having to file an application forservices with the Department of Social Services; however, absence of suchnotice in an order entered prior to July 1, 1988, shall not bar withholdingof support payments pursuant to 20-79.1;

2. Notice that support payments may be withheld pursuant to Chapter 19 (63.2-1900 et seq.) of Title 63.2 without further amendments to the order uponapplication for services with the Department of Social Services; however,absence of such notice in an order entered prior to July 1, 1988, shall notbar withholding of support payments pursuant to Chapter 19 ( 63.2-1900 etseq.) of Title 63.2;

3. The names and dates of birth of each child to whom a duty of support isthen owed by the person responsible for support;

4. If known, the name, date of birth and social security number of eachparent of the child and, if different and if known, the name, date of birthand social security number of the person responsible for support and, unlessotherwise ordered, each parent or responsible person's residential and, ifdifferent, mailing address, residential and employer telephone number,driver's license number, and the name and address of his or her employer;however, when a protective order has been issued or the court otherwise findsreason to believe that a party is at risk of physical or emotional harm fromthe other party, information other than the name of the party at risk shallnot be included in the order;

5. On and after July 1, 1994, notice that a petition may be filed forsuspension of any license, certificate, registration or other authorizationto engage in a profession, trade, business or occupation issued by theCommonwealth to a person responsible for support as provided in 63.2-1937upon a delinquency for a period of 90 days or more or in an amount of $5,000or more. The order shall indicate whether either or both parents currentlyhold such an authorization and, if so, the type of authorization held;

6. The monthly amount of support and the effective date of the order. Inproceedings on initial petitions, the effective date shall be the date offiling of the petition; in modification proceedings, the effective date maybe the date of notice to the responding party. The first monthly paymentshall be due on the first day of the month following the hearing date and onthe first day of each month thereafter. In addition, an amount shall beassessed for any full and partial months between the effective date of theorder and the date that the first monthly payment is due. The assessment forthe initial partial month shall be prorated from the effective date throughthe end of that month, based on the current monthly obligation;

7. a. An order for health care coverage, including the health insurancepolicy information, for dependent children pursuant to 20-108.1 and20-108.2 if available at reasonable cost as defined in 63.2-1900 and astatement as to whether there is an order for health care coverage for aspouse or former spouse; and

b. A statement as to whether any unreimbursed medical expenses are to be paidby or reimbursed to a party pursuant to subsections D and G of 20-108.2,and if such expenses are ordered, then the provisions governing how suchpayment is to be made;

8. If support arrearages exist, (i) to whom an arrearage is owed and theamount of the arrearage, (ii) the period of time for which such arrearage iscalculated, and (iii) a direction that all payments are to be credited tocurrent support obligations first, with any payment in excess of the currentobligation applied to arrearages;

9. If child support payments are ordered to be paid through the Department ofSocial Services or directly to the obligee, and unless the court for goodcause shown orders otherwise, the parties shall give each other and the courtand, when payments are to be made through the Department, the Department ofSocial Services at least 30 days' written notice, in advance, of any changeof address and any change of telephone number within 30 days after the change;

10. If child support payments are ordered to be paid through the Departmentof Social Services, a provision requiring an obligor to keep the Departmentof Social Services informed of the name, address and telephone number of hiscurrent employer, or if payments are ordered to be paid directly to theobligee, a provision requiring an obligor to keep the court informed of thename, address and telephone number of his current employer;

11. The separate amounts due to each person under the order, unless the courtspecifically orders a unitary award of child and spousal support due or theorder affirms a separation agreement containing provision for such unitaryaward;

12. Notice that in determination of a support obligation, the supportobligation as it becomes due and unpaid creates a judgment by operation oflaw;

13. Notice that on and after July 1, 1994, the Department of Social Servicesmay, pursuant to Chapter 19 ( 63.2-1900 et seq.) of Title 63.2 and inaccordance with 20-108.2 and 63.2-1921, initiate a review of the amount ofsupport ordered by any court; and

14. A statement that if any arrearages for child support, including interestor fees, exist at the time the youngest child included in the orderemancipates, payments shall continue in the total amount due (current supportplus amount applied toward arrearages) at the time of emancipation until allarrearages are paid.

The provisions of this section shall not apply to divorce decrees where thereare no minor children whom the parties have a mutual duty to support.

(1985, c. 488; 1986, c. 594; 1987, cc. 597, 658, 706; 1988, c. 906; 1991, cc.651, 694; 1992, c. 199; 1993, c. 534; 1994, cc. 764, 795; 1997, cc. 796, 895;1998, cc. 727, 884; 2000, c. 305; 2003, c. 625; 2004, c. 1008; 2006, cc. 720,869.)


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