2006 Code of Virginia § 60.2-608 - Child support intercept of unemployment benefits

60.2-608. Child support intercept of unemployment benefits.

A. Any individual filing a new claim for unemployment compensation shall, atthe time of filing such claim, disclose whether or not the individual oweschild support obligations as defined under subsection G of this section. Ifany such individual discloses that he or she owes child support obligations,and is determined to be eligible for unemployment compensation, theCommission shall notify the state or local child support enforcement agencyenforcing such obligation that the individual has been determined to beeligible for unemployment compensation.

B. The Commission shall deduct and withhold the following from anyunemployment compensation payable to such an individual:

1. The amount specified by the individual to the Commission to be deductedand withheld under this subsection, if neither the provisions of subdivision2 of this subsection nor the provisions of subdivision 3 of this subsectionare applicable;

2. The amount, if any, determined pursuant to an agreement submitted to theCommission under 454 (20) (B) (i) of the Social Security Act by the stateor local child support enforcement agency, unless the provisions ofsubdivision 3 of this subsection are applicable; or

3. Any amount otherwise required to be so deducted and withheld from suchunemployment compensation pursuant to legal process, as defined in 462 (e)of the Social Security Act, properly served upon the Commission.

C. Any amount deducted and withheld under subsection B shall be paid by theCommission to the appropriate state or local child support enforcement agency.

D. Any amount deducted and withheld under subsection B shall be treated as ifit were paid to the individual as unemployment compensation and paid by suchindividual to the state or local child support enforcement agency insatisfaction of the individual's child support obligations.

E. For purposes of subsections A through D of this section, "unemploymentcompensation" means any compensation payable under this title, includingamounts payable by the Commission pursuant to an agreement under any federallaw providing for compensation, assistance, or allowances with respect tounemployment.

F. This section applies only if appropriate arrangements have been made forreimbursement by the state or local child support enforcement agency for theadministrative costs incurred by the Commission under this section which areattributable to child support obligations being enforced by the state orlocal child support enforcement agency.

G. The term "child support obligations" as defined for purposes of thissection includes only obligations which are being enforced pursuant to a plandescribed in 454 of the Social Security Act which has been approved by theSecretary of Health and Human Services under Part D of Title IV (42 U.S.C.651 et seq.) of the Social Security Act.

H. The term "state or local child support enforcement agency" as used inthis section means any agency of any state or a political subdivision thereofoperating pursuant to a plan described in subsection G of this section.

(1982, c. 237, 60.1-52.6; 1986, c. 480.)