2006 Code of Virginia § 20-79.2 - Immediate income deduction; income withholding

20-79.2. Immediate income deduction; income withholding.

Every initial order entered on or after July 1, 1995, directing a person topay child support shall include a provision for immediate withholding fromthe income of the obligor for the amount of the support order, plus an amountfor the liquidation of arrearages, if any, unless the obligor and either theobligee or the Department on behalf of the obligee, agree in writing to analternative payment arrangement or one of the parties demonstrates and thecourt finds good cause for not imposing immediate withholding. In determiningwhether good cause is shown, the court shall consider the obligor's pastfinancial responsibility, history of prior payment under any support order,and any other matter that the court considers relevant to the likelihood ofpayment in accordance with the support order. An alternative paymentarrangement may include but is not limited to, a voluntary income assignmentpursuant to 20-79.1 or 63.2-1945.

An order which modifies an initial order may include a provision forimmediate income withholding.

The total amount withheld shall not exceed the maximum amount permitted under 34-29.

A withholding order issued to an obligor's employer pursuant to this sectionshall conform to 20-79.3. The rights and obligations of the employer withrespect to the order are set out in 20-79.3. The order shall direct theemployer to forward payments to the Department for recording and disbursementto the obligee, or as otherwise required by law. The Department shall notcharge a fee for recording and disbursing payments when it is providingsupport enforcement services to the obligee pursuant to 63.2-1904 or 63.2-1908.

(1988, c. 906; 1990, cc. 836, 896; 1991, c. 534; 1995, c. 714; 1998, c. 727.)