2006 Code of Virginia § 20-79.3 - Information required in income deduction order

20-79.3. Information required in income deduction order.

A. Orders for withholding from the income of an employee shall state andinclude the following:

1. The name and correct social security number of the obligor and the nameand correct address of the payee;

2. That the employer shall withhold and pay out of the disposable income asdefined in 63.2-1900, a single monetary amount or the maximum amountpermitted under 34-29, whichever is less, for each regular pay period ofthe obligor and payment may be by check. The terms "employer" and"income" shall have the meanings prescribed in 63.2-1900;

3. That the income deduction shall begin with the next regular pay period ofthe obligor following service of the order on the employer, and payment shallbe made at regular intervals consistent with the pay periods of the obligor;

4. A statement of the maximum percentage under 34-29 which may be withheldfrom the obligor's disposable income;

5. That, to the extent required by the provisions for health care coveragecontained in the order, the employer shall (i) enroll the employee, theemployee's spouse or former spouse and the employee's dependent childrenlisted in the order as covered persons in a group health insurance plan orother similar plan providing health care services or coverage offered by theemployer, without regard to enrollment season restrictions, if the subjectspouse, former spouse or children are eligible for such coverage under theemployer's enrollment provisions, and (ii) deduct any required premiums fromthe employee's income to pay for the insurance. If more than one plan isoffered by the employer, the spouse, former spouse or children shall beenrolled prospectively in the insurance plan in which the employee isenrolled or, if the employee is not enrolled, in the least costly planotherwise available. The employer shall also enroll the children of anemployee in the appropriate health coverage plan upon application by thechildren's other parent or legal guardian or upon application by theDepartment of Medical Assistance Services. In each case which is beingenforced by the Department of Social Services, the employer shall respond tosuch orders by advising the Department in which plan the children areenrolled or if the children are ineligible for any plan through the employer.The order to the employer shall specify either support withholdings orinsurance premium deductions as having priority for the duration of the orderin the event the maximum total deduction permitted at any time by 34-29 isinsufficient to fully cover both; the employer shall consider and directinsurance premium deductions and support withholdings the same for purposesof 34-29. The employer shall not be held liable for any medical expensesincurred on behalf of the spouse, former spouse or dependent children becauseof the employer's failure to enroll the spouse, former spouse or dependentchildren in a health care plan after being directed to do so by a court orthe Department. The employer shall not be obligated to subsequently make orchange such enrollment if the group health insurance plan or other factorschange after the spouse's, former spouse's or child's eligibility orineligibility for coverage is initially determined in response to the orderfor withholding. However, the employer shall not disenroll such childrenunless the employer (i) is provided satisfactory written evidence that suchcourt or administrative order is no longer in effect, (ii) is providedsatisfactory written evidence that the children are or will be enrolled in acomparable health coverage plan which will take effect not later than theeffective date of such disenrollment, or (iii) has eliminated family healthcoverage for all of its employees. A one-time fee of no more than fivedollars may be charged by the employer to the employee for the administrationof this requirement;

6. That a fee of five dollars for each reply or remittance on account of theobligor may be charged by the employer and withheld from the obligor's incomein addition to the support amount to be withheld; however, child supportwithholding amounts collected from unemployment insurance benefits shall notbe subject to this fee;

7. That the order is binding upon the employer and obligor and withholding isto continue until further notice by order of the court or the Department isserved, or the obligor is no longer employed, whichever occurs first;

8. That the order shall have priority over any other types of liens createdby state law against such income, except that if there is more than one courtor administrative order for withholding for support against an obligor, theemployer shall prorate among the orders based upon the current amounts duepursuant to more than one judicial or administrative order or a combinationthereof, with any remaining amounts prorated among the accrued arrearages, ifany, to the extent that the amounts withheld, when combined, do not exceedthe maximum limits imposed under 34-29 as specified in the order beinghonored;

9. That the obligor's rights are protected pursuant to 63.2-1944 and thatno employer shall discharge any employee, take disciplinary action against anemployee, or refuse to employ a person by reason of the fact that his incomehas been made subject to a deduction pursuant to Chapter 19 ( 63.2-1900 etseq.) of Title 63.2 or 20-79.1 or 20-79.2 and an employer who dischargesor takes disciplinary action against an employee, or refuses to employ anyperson because of an order for withholding under these sections shall beliable for a civil fine of not more than $1,000;

10. The address to which the withholding is to be sent at the Department ofSocial Services and the case number, if available;

11. That the employer shall be liable for payments which he fails to withholdor mail as specified in the order;

12. That employers shall remit payments on each regular pay date of theobligor or, if electronic funds transfer is used, within four days of the paydate, directly to the Division of Child Support Enforcement for disbursement;

13. That the employer shall be deemed to have complied with the order by (i)mailing on each regular pay date of the obligor to the Department, byfirst-class mail, any amount required to be deducted or (ii) by submittingsuch amounts by electronic funds transfer transmitted within fours days ofthe obligor's regular pay date;

14. That the employer and obligor shall notify the Department promptly whenthe obligor terminates employment and shall provide the last known address ofthe obligor and name and address of the new employer, if known;

15. That amounts withheld from multiple employees identified as such by (i)amount, (ii) name, (iii) social security number, (iv) case number if providedin the order, and (v) date payment was withheld from obligor's income, may becombined into a single payment when payable to the same payee;

16. No order or directive shall require employers of 10,000 or more employeesto make payments other than by combined single payment to the Department'scentral office in Richmond, without the employer's express written consent,unless the order is from a support enforcement agency outside theCommonwealth;

17. Payment pursuant to an order issued under this section shall serve asfull acquittance of the employer under any contract of employment;

18. Notice that any employer who fails to timely withhold payments pursuantto this section shall be liable for any amount not timely withheld;

19. That the employer shall provide to the employee a copy of the withholdingorder and the notice to the employee sent by the court.

B. If the employer receives an order that (i) does not contain the obligor'scorrect social security number, (ii) does not specify a single monetaryamount to be withheld per regular pay period interval of the obligor, (iii)does not state the maximum percentage which may be withheld pursuant to 34-29, (iv) contains information which is in conflict with the employer'scurrent payroll records, or (v) orders payment to an entity other than to theDepartment of Social Services or the Department's designee, the employer maydeposit in the mail or otherwise file a reply to that effect within fivebusiness days from service of such order. The order shall be void fromtransmission or filing of such reply unless the court or the Department, asapplicable, finds that the reply is materially false. In addition, anemployer of 10,000 or more persons may also file a reply, with like effect,if payment is ordered other than by combined single payment in the case ofwithholdings from multiple employees to the Department's central office inRichmond, without the employer's express written consent, unless the order isfrom a support enforcement agency outside the Commonwealth.

(1990, c. 896; 1991, cc. 651, 694; 1994, c. 767; 1996, c. 416; 1998, c. 727;2001, c. 209; 2006, c. 365.)