2006 Code of Virginia § 63.2-1924 - Withholding from income; default of administrative or judicial support order; notices required; pri...

63.2-1924. Withholding from income; default of administrative or judicialsupport order; notices required; priorities; orders from other states.

A. As part of every administrative support order directing a noncustodialparent to pay child or child and spousal support or by separate order at anytime thereafter, provision shall be made for withholding from the income ofthe noncustodial parent the amount of the withholding order plus an amount tobe applied toward liquidation of arrearages if the noncustodial parent failsto make payments in an amount equal to the support payable for one month. Thetotal amount withheld shall not exceed the maximum amount permitted under 34-29.

B. Upon default of an administrative or judicial support order, theDepartment shall serve notice on the noncustodial parent of the delinquencyin accordance with the provisions of 8.01-296, 8.01-327 or 8.01-329 orby certified mail or electronic means, including facsimile transmission, fordelivery to the noncustodial parent. The obligee shall also be sent a copy ofsuch notice. The notice shall inform the noncustodial parent (i) of theamount that will be withheld, (ii) that the withholding applies to anycurrent or subsequent period of employment, (iii) of the right to contest butthat the only basis for contesting the withholding is a mistake of fact, (iv)that a written request to contest the withholding must be made to theDepartment within 10 days of receipt of the notice, (v) of the actions thatwill be taken by the Department if a request to contest is noted, which shallinclude the opportunity to present his objections, which shall be limited toa mistake of fact, to the administrative hearing officer at a hearing heldpursuant to 63.2-1942, (vi) that a determination on the contest will bemade no later than 45 days from the date of service of such notice, and (vii)that payment of overdue support upon receipt of the required notice shall notbe a bar to the implementation of withholding. Upon service of the notice onthe employer for delivery to the obligor, a copy shall be sent by first-classmail 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 that 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. The Department shall have the authority in the issuance of anadministrative order under 20-79.3, based on an existing court order, toconvert the terms of payment to conform with the obligor's pay periodinterval. The Department shall utilize the conversion formula established bythe Committee on District Courts.

E. 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 amounts 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.

F. 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.

G. If a court of competent jurisdiction or the agency operating pursuant toan approved state plan under Sections 452 and 454 of the Social Security Act,as amended, in any state, territory of the United States or the District ofColumbia has ordered a person to pay child or child and spousal support, uponnotice and hearing as provided in this section, the Department shall issue anorder, conforming to 20-79.3, to the noncustodial parent's employer in thisCommonwealth to withhold from the income of the noncustodial parent pursuantto a foreign support order in the same manner as provided in this section foradministrative orders originating in this Commonwealth. Similar orders of theDepartment may be enforced in a similar manner in such other state, territoryor district.

(1985, c. 488, 63.1-250.3; 1986, c. 594; 1987, cc. 640, 658, 706; 1988, c.906; 1990, c. 896; 1995, c. 714; 1997, cc. 648, 663; 1998, c. 727; 2002, c.747; 2003, c. 469.)