2006 Code of Virginia § 63.2-1923 - Immediate withholding from income; exception; notices required

63.2-1923. Immediate withholding from income; exception; notices required.

A. Every administrative support order directing a noncustodial parent to paychild or child and spousal support shall provide for immediate incomewithholding from the noncustodial parent's income as defined in 63.2-1900of an amount for current support plus an amount to be applied towardliquidation of arrearages, if any, unless the obligor and the Department, onbehalf of the obligee, agree to a written alternative payment arrangement, orgood cause is shown. Good cause shall be based upon a written determinationthat, and explanation by the Department of why, implementing immediatewithholding would not be in the best interests of the child. The total amountwithheld shall not exceed the maximum amount permitted under 34-29.

B. The order shall include, but not be limited to, notice (i) of the amountthat will be withheld, (ii) that the withholding applies to any current orsubsequent period of employment, (iii) of the right to contest whether a dutyof support is owed and the information specified in the administrative orderis correct, (iv) that a written request to appeal the withholding shall bemade to the Department within 10 days of receipt of the notice, and (v) ofthe actions that will be taken by the Department if an appeal is noted, whichshall include the opportunity to present his objections to the administrativehearing officer at a hearing held pursuant to 63.2-1942. Upon service ofthe order on the employer by first-class or certified mail, or service inaccordance with the provisions of 8.01-296, 8.01-327 or 8.01-329, theemployer shall deliver the order to the noncustodial parent. A copy shall besent by first-class mail to the obligee.

C. The noncustodial parent's employer shall be issued by first-class orcertified mail or by electronic means, including facsimile transmission, anadministrative order for withholding of income which shall conform to 20-79.3. The rights and responsibilities of an employer with respect to suchorders are set out in 20-79.3.

D. If the Department or its designee receives payments deducted from incomeof an obligor pursuant to more than one administrative order or a combinationof judicial and administrative orders, the Department shall ensure that suchpayments are allocated among the obligees under such orders with prioritygiven to payment of the order for current support. Where the Department orits designee receives payments pursuant to two or more orders for currentsupport, the payments received shall be prorated on the basis of the amountsdue under each such order. Upon satisfaction of any amounts due for currentsupport, the remainder of the payments received shall be prorated on thebasis of amount due under each such order. Upon satisfaction of any amountsdue for current support, the remainder of the payments received shall beprorated on the basis of amounts due under any orders for accrued arrearages.

E. Administrative orders for withholding from income shall be promptlyterminated or modified by the Department when (i) the obligation to supporthas been satisfied and arrearages have been paid, (ii) the whereabouts of thechild or child and custodial parent become unknown, or (iii) modification isappropriate because of a change in the amount of the obligation.

(1988, c. 906, 63.1-258.1; 1990, c. 896; 1991, c. 334; 1995, c. 714; 1997,cc. 648, 663; 1998, c. 727; 2002, c. 747; 2003, c. 469.)