{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-60.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-60.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-60.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-60.5.html"}],"law_id":58182,"edition_id":1,"section_id":58182,"structure_id":13216,"section_number":"20-60.5","catch_line":"Support payment provisions; how paid","history":"1985, c. 488; 1986, c. 594; 1986, Sp. Sess., cc. 1, 3; 1987, cc. 609, 658, 706; 1988, c. 906; 1990, c. 836; 1991, cc. 651, 694; 1996, c. 416; 2016, c. 29.","full_text":"A\n\n1. Unless otherwise directed by the Committee on District Courts, in all cases in which payment of a support obligation arising under an order or decree entered prior to October 1, 1985, is made by the obligor through the office of a clerk of court, the clerk shall notify the payee and the obligor that the obligor will be directed to pay future support payments to the Department of Social Services as of the date provided in the notice.\n\t\t\tIn cases transferred from the courts to the Department of Social Services on or after October 1, 1985, the payee shall be deemed as having executed an authorization to seek or enforce a support obligation with the Department&#8217;s Division of Child Support Enforcement unless the payee specifically indicates that the Division&#8217;s services are not desired.2\n\nUnless otherwise directed by the Department of Social Services, the notice of change in payment shall be served or sent by certified mail, return receipt requested, and shall contain (i) the name of the payee and, if different in whole or in part, the names of the persons to whom an obligation of support is owed by the obligor, (ii) the name of the obligor, (iii) the amount of the periodic support payment, the due dates of such payments and any arrearages, (iv) the beginning date for sending payments to the Department of Social Services, and (v) the date by which the payee and obligor shall notify the Department of Social Services of the election to (a) have the Department of Social Services collect and disburse support payments together with forms and instructions for applying for such services or (b) have support payment made by the obligor directly to the payee. A copy of the notice also shall be transmitted to the Department of Social Services.3\n\nUnless otherwise directed by the Committee on District Courts, if both the obligor and the payee request in writing to the Department of Social Services that all support payments be made by the obligor directly to the payee, then the Department of Social Services shall so notify the court and the court shall enter an order to such effect. In the event an election is taken pursuant to subdivision 2 (v)(a), the notice of election shall have the same force and effect as an order of the court.4\n\nThe above provisions shall also apply to payroll deductions made pursuant to &#xA7; 20-79.1, except that only the payee and the employer shall receive such notice.5\n\nThe change in payment provision required by subsection A shall be initiated by October 1, 1985, unless a different date is mutually agreed to by the Department of Social Services and the Committee on District Courts as to individual courts.B\n\nUnless a different date is mutually agreed to by the Department of Social Services and the Committee on District Courts, all orders or decrees for support entered on or after October 1, 1985, shall direct that payment be made only to the payee unless one of the parties objects, in which case the order or decree shall direct that payment be made to or through the Department of Social Services.C\n\nThe Department of Social Services shall promptly pay to the payee all support payments collected by it which have been ordered by a court to be paid to or through the Department. The Department shall pay interest to the payee when such interest amount exceeds $5 on a support payment as provided in &#xA7; 63.2-1951.D\n\nIf the Department of Social Services enters into a contract with a public or private entity for the processing of support payments, then, except as provided in subsection E, and notwithstanding any other provision of this section:1\n\nThe Department shall notify the affected court of the existence of such contract and how payments are contractually required to be made to such contractors; and2\n\nThe affected court shall include in all support orders (i) how payments are required to be made to such contractors and (ii) that payments are to be made in such manner until different payment instructions are mailed to the person making payments by the court or by the Department.E\n\nAn employer of 10,000 persons or more shall not be required to make payments other than by combined single payment to the Department&#8217;s central office in Richmond without the express written consent of the employer, unless the order is from a support enforcement agency outside the Commonwealth.F\n\nUpon any obligee&#8217;s application for public assistance benefits or child support services, the Department of Social Services may change the payee to the Department so that payment is sent to the Department at its address as contained in the notice of change as described in this subsection. Upon the obligee&#8217;s request that support services no longer be provided, the Department may change the payee to the obligee so that payment is sent to the obligee at the address provided by the obligee as contained in the notice of change as described in this subsection. Notice of such change shall be served on the obligor by certified mail, return receipt requested, by electronic means, or in accordance with Chapter 8 (&#xA7; 8.01-285 et seq.) or Chapter 9 (&#xA7; 8.01-328 et seq.) of Title 8.01. The change described in the notice shall be effective as to all payments paid on or after the date that notice was served regardless of when such payments were due. Return of service shall be made to the Department of Social Services at the location described in the notice. Upon obtaining service of the notice on the obligor, the Department of Social Services shall transmit a copy of such notice together with a copy of the proof of service to the court having jurisdiction for enforcement of the order and to the custodial parent.","order_by":null,"text":{"0":{"id":213202,"text":"1. Unless otherwise directed by the Committee on District Courts, in all cases in which payment of a support obligation arising under an order or decree entered prior to October 1, 1985, is made by the obligor through the office of a clerk of court, the clerk shall notify the payee and the obligor that the obligor will be directed to pay future support payments to the Department of Social Services as of the date provided in the notice.\n\t\t\tIn cases transferred from the courts to the Department of Social Services on or after October 1, 1985, the payee shall be deemed as having executed an authorization to seek or enforce a support obligation with the Department&#8217;s Division of Child Support Enforcement unless the payee specifically indicates that the Division&#8217;s services are not desired.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":213203,"text":"Unless otherwise directed by the Department of Social Services, the notice of change in payment shall be served or sent by certified mail, return receipt requested, and shall contain (i) the name of the payee and, if different in whole or in part, the names of the persons to whom an obligation of support is owed by the obligor, (ii) the name of the obligor, (iii) the amount of the periodic support payment, the due dates of such payments and any arrearages, (iv) the beginning date for sending payments to the Department of Social Services, and (v) the date by which the payee and obligor shall notify the Department of Social Services of the election to (a) have the Department of Social Services collect and disburse support payments together with forms and instructions for applying for such services or (b) have support payment made by the obligor directly to the payee. A copy of the notice also shall be transmitted to the Department of Social Services.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"A3"},"2":{"id":213204,"text":"Unless otherwise directed by the Committee on District Courts, if both the obligor and the payee request in writing to the Department of Social Services that all support payments be made by the obligor directly to the payee, then the Department of Social Services shall so notify the court and the court shall enter an order to such effect. In the event an election is taken pursuant to subdivision 2 (v)(a), the notice of election shall have the same force and effect as an order of the court.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"3":{"id":213205,"text":"The above provisions shall also apply to payroll deductions made pursuant to &#xA7; 20-79.1, except that only the payee and the employer shall receive such notice.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"4":{"id":213206,"text":"The change in payment provision required by subsection A shall be initiated by October 1, 1985, unless a different date is mutually agreed to by the Department of Social Services and the Committee on District Courts as to individual courts.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"5":{"id":213207,"text":"Unless a different date is mutually agreed to by the Department of Social Services and the Committee on District Courts, all orders or decrees for support entered on or after October 1, 1985, shall direct that payment be made only to the payee unless one of the parties objects, in which case the order or decree shall direct that payment be made to or through the Department of Social Services.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"6":{"id":213208,"text":"The Department of Social Services shall promptly pay to the payee all support payments collected by it which have been ordered by a court to be paid to or through the Department. The Department shall pay interest to the payee when such interest amount exceeds $5 on a support payment as provided in &#xA7; 63.2-1951.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":213209,"text":"If the Department of Social Services enters into a contract with a public or private entity for the processing of support payments, then, except as provided in subsection E, and notwithstanding any other provision of this section:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"8":{"id":213210,"text":"The Department shall notify the affected court of the existence of such contract and how payments are contractually required to be made to such contractors; and","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"9":{"id":213211,"text":"The affected court shall include in all support orders (i) how payments are required to be made to such contractors and (ii) that payments are to be made in such manner until different payment instructions are mailed to the person making payments by the court or by the Department.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"10":{"id":213212,"text":"An employer of 10,000 persons or more shall not be required to make payments other than by combined single payment to the Department&#8217;s central office in Richmond without the express written consent of the employer, unless the order is from a support enforcement agency outside the Commonwealth.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"F"},"11":{"id":213213,"text":"Upon any obligee&#8217;s application for public assistance benefits or child support services, the Department of Social Services may change the payee to the Department so that payment is sent to the Department at its address as contained in the notice of change as described in this subsection. Upon the obligee&#8217;s request that support services no longer be provided, the Department may change the payee to the obligee so that payment is sent to the obligee at the address provided by the obligee as contained in the notice of change as described in this subsection. Notice of such change shall be served on the obligor by certified mail, return receipt requested, by electronic means, or in accordance with Chapter 8 (&#xA7; 8.01-285 et seq.) or Chapter 9 (&#xA7; 8.01-328 et seq.) of Title 8.01. The change described in the notice shall be effective as to all payments paid on or after the date that notice was served regardless of when such payments were due. Return of service shall be made to the Department of Social Services at the location described in the notice. Upon obtaining service of the notice on the obligor, the Department of Social Services shall transmit a copy of such notice together with a copy of the proof of service to the court having jurisdiction for enforcement of the order and to the custodial parent.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13216,"edition_id":1,"name":"Support","identifier":"4.1","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:44:28","date_modified":"2026-06-26 03:44:28","permalink":{"id":178395,"object_type":"structure","relational_id":13216,"identifier":"4.1","token":"20\/4.1","url":"\/20\/4.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75572,"structure_id":13216,"section_number":"20-60.1","catch_line":"Applicability of chapter","url":"\/20-60.1\/","token":"20\/4.1\/20-60.1","metadata":false},{"id":55991,"structure_id":13216,"section_number":"20-60.2","catch_line":"Admissibility and identification of support payment records","url":"\/20-60.2\/","token":"20\/4.1\/20-60.2","metadata":false},{"id":54223,"structure_id":13216,"section_number":"20-60.3","catch_line":"Contents of support orders","url":"\/20-60.3\/","token":"20\/4.1\/20-60.3","metadata":false},{"id":67157,"structure_id":13216,"section_number":"20-60.4","catch_line":"Abstracts of orders, etc.; clerk shall transmit information regarding any order of support which is entered or modified to Department of Social Services","url":"\/20-60.4\/","token":"20\/4.1\/20-60.4","metadata":false},{"id":58182,"structure_id":13216,"section_number":"20-60.5","catch_line":"Support payment provisions; how paid","url":"\/20-60.5\/","token":"20\/4.1\/20-60.5","metadata":false},{"id":68959,"structure_id":13216,"section_number":"20-60.6","catch_line":"When delivery of notice to party at last known address sufficient","url":"\/20-60.6\/","token":"20\/4.1\/20-60.6","metadata":false}],"previous_section":{"id":67157,"structure_id":13216,"section_number":"20-60.4","catch_line":"Abstracts of orders, etc.; clerk shall transmit information regarding any order of support which is entered or modified to Department of Social Services","url":"\/20-60.4\/","token":"20\/4.1\/20-60.4","metadata":false},"next_section":{"id":68959,"structure_id":13216,"section_number":"20-60.6","catch_line":"When delivery of notice to party at last known address sufficient","url":"\/20-60.6\/","token":"20\/4.1\/20-60.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-60.5\/","history_text":"<p>This law was first created in 1985. The record of its establishment is cataloged in chapter 488 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 594; in 1987, chapters 609, 658, and 706; in 1988, chapter 906; in 1990, chapter 836; in 1991, chapters 651 and 694; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0416\">416<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0029\">29<\/a>.<\/p>","references":false,"refers_to":[{"id":64307,"section_number":"20-79.1","catch_line":"Enforcement of support orders; income deduction; penalty for wrongful discharge","order_by":null,"url":"\/20-79.1\/"},{"id":65534,"section_number":"8.01-285","catch_line":"Definition of certain terms used in this chapter; process, return, statutory agent","order_by":null,"url":"\/8.01-285\/"},{"id":73823,"section_number":"8.01-328","catch_line":"Person defined","order_by":null,"url":"\/8.01-328\/"}],"permalink":{"id":178413,"object_type":"law","relational_id":58182,"identifier":"20-60.5","token":"20\/4.1\/20-60.5","url":"\/20-60.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-60.5\/","token":"20\/4.1\/20-60.5","dublin_core":{"Title":"Support payment provisions; how paid","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-60.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> 1. Unless otherwise directed by the Committee on District <span class=\"dictionary\">Courts<\/span>, in all cases in which payment of a support obligation arising under an <span class=\"dictionary\">order<\/span> or <span class=\"dictionary\">decree<\/span> entered prior to October 1, 1985, is made by the obligor through the office of a <span class=\"dictionary\">clerk of court<\/span>, the clerk shall notify the payee and the obligor that the obligor will be directed to pay future support payments to the Department of Social Services as of the date provided in the notice.\n\t\t\tIn cases transferred from the <span class=\"dictionary\">courts<\/span> to the Department of Social Services on or after October 1, 1985, the payee shall be deemed as having executed an authorization to seek or enforce a support obligation with the Department&#8217;s Division of Child Support Enforcement unless the payee specifically indicates that the Division&#8217;s services are not desired. <a id=\"paragraph-213202\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-60.5\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Unless otherwise directed by the Department of Social Services, the notice of change in payment shall be served or sent by certified mail, return receipt requested, and shall contain (i) the name of the payee and, if different in whole or in part, the names of the persons to whom an obligation of support is owed by the obligor, (ii) the name of the obligor, (iii) the amount of the periodic support payment, the due dates of such payments and any arrearages, (iv) the beginning date for sending payments to the Department of Social Services, and (v) the date by which the payee and obligor shall notify the Department of Social Services of the election to (a) have the Department of Social Services collect and disburse support payments together with forms and instructions for applying for such services or (b) have support payment made by the obligor directly to the payee. A copy of the notice also shall be transmitted to the Department of Social Services. <a id=\"paragraph-213203\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-60.5\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Unless otherwise directed by the Committee on District <span class=\"dictionary\">Courts<\/span>, if both the obligor and the payee request in writing to the Department of Social Services that all support payments be made by the obligor directly to the payee, then the Department of Social Services shall so notify the court and the court shall enter an <span class=\"dictionary\">order<\/span> to such effect. In the event an election is taken pursuant to subdivision 2 (v)(a), the notice of election shall have the same force and effect as an <span class=\"dictionary\">order<\/span> of the court. <a id=\"paragraph-213204\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-60.5\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The above provisions shall also apply to payroll deductions made pursuant to &#xA7; <a class=\"law\" title=\"Enforcement of support orders; income deduction; penalty for wrongful discharge\" href=\"\/20-79.1\/\">20-79.1<\/a>, except that only the payee and the employer shall receive such notice. <a id=\"paragraph-213205\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-60.5\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The change in payment provision required by subsection A shall be initiated by October 1, 1985, unless a different date is mutually agreed to by the Department of Social Services and the Committee on District <span class=\"dictionary\">Courts<\/span> as to individual <span class=\"dictionary\">courts<\/span>. <a id=\"paragraph-213206\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-60.5\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Unless a different date is mutually agreed to by the Department of Social Services and the Committee on District <span class=\"dictionary\">Courts<\/span>, all <span class=\"dictionary\">orders<\/span> or <span class=\"dictionary\">decrees<\/span> for support entered on or after October 1, 1985, shall direct that payment be made only to the payee unless one of the parties <span class=\"dictionary\">objects<\/span>, in which case the <span class=\"dictionary\">order<\/span> or <span class=\"dictionary\">decree<\/span> shall direct that payment be made to or through the Department of Social Services. <a id=\"paragraph-213207\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-60.5\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The Department of Social Services shall promptly pay to the payee all support payments collected by it which have been ordered by a court to be paid to or through the Department. The Department shall pay interest to the payee when such interest amount exceeds $5 on a support payment as provided in &#xA7; <a class=\"law\" title=\"Interest on support payments collected\" href=\"\/63.2-1951\/\">63.2-1951<\/a>. <a id=\"paragraph-213208\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-60.5\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> If the Department of Social Services enters into a <span class=\"dictionary\">contract<\/span> with a public or private entity for the processing of support payments, then, except as provided in subsection E, and notwithstanding any other provision of this section: <a id=\"paragraph-213209\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-60.5\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The Department shall notify the affected court of the existence of such <span class=\"dictionary\">contract<\/span> and how payments are contractually required to be made to such contractors; and <a id=\"paragraph-213210\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-60.5\/#D1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The affected court shall include in all support <span class=\"dictionary\">orders<\/span> (i) how payments are required to be made to such contractors and (ii) that payments are to be made in such manner until different payment instructions are mailed to the person making payments by the court or by the Department. <a id=\"paragraph-213211\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-60.5\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> An employer of 10,000 persons or more shall not be required to make payments other than by combined single payment to the Department&#8217;s central office in Richmond without the express written consent of the employer, unless the <span class=\"dictionary\">order<\/span> is from a support enforcement agency outside the Commonwealth. <a id=\"paragraph-213212\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-60.5\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Upon any obligee&#8217;s application for public assistance benefits or child support services, the Department of Social Services may change the payee to the Department so that payment is sent to the Department at its address as contained in the notice of change as described in this subsection. Upon the obligee&#8217;s request that support services no longer be provided, the Department may change the payee to the obligee so that payment is sent to the obligee at the address provided by the obligee as contained in the notice of change as described in this subsection. Notice of such change shall be served on the obligor by certified mail, return receipt requested, by electronic means, or in accordance with Chapter 8 (&#xA7; <a class=\"law\" title=\"Definition of certain terms used in this chapter; process, return, statutory agent\" href=\"\/8.01-285\/\">8.01-285<\/a> et seq.) or Chapter 9 (&#xA7; <a class=\"law\" title=\"Person defined\" href=\"\/8.01-328\/\">8.01-328<\/a> et seq.) of Title 8.01. The change described in the notice shall be effective as to all payments paid on or after the date that notice was served regardless of when such payments were due. Return of service shall be made to the Department of Social Services at the location described in the notice. Upon obtaining service of the notice on the obligor, the Department of Social Services shall transmit a copy of such notice together with a copy of the <span class=\"dictionary\">proof of service<\/span> to the court having <span class=\"dictionary\">jurisdiction<\/span> for enforcement of the <span class=\"dictionary\">order<\/span> and to the custodial parent. <a id=\"paragraph-213213\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/20-60.5\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSUPPORT PAYMENT PROVISIONS; HOW PAID (\u00a7 20-60.5)\n\nA. 1. Unless otherwise directed by the Committee on District Courts, in all\ncases in which payment of a support obligation arising under an order or decree\nentered prior to October 1, 1985, is made by the obligor through the office of a\nclerk of court, the clerk shall notify the payee and the obligor that the\nobligor will be directed to pay future support payments to the Department of\nSocial Services as of the date provided in the notice.\n\t\t\tIn cases transferred from the courts to the Department of Social Services on\nor after October 1, 1985, the payee shall be deemed as having executed an\nauthorization to seek or enforce a support obligation with the\nDepartment&#8217;s Division of Child Support Enforcement unless the payee\nspecifically indicates that the Division&#8217;s services are not desired.\n\n   2. Unless otherwise directed by the Department of Social Services, the notice\n   of change in payment shall be served or sent by certified mail, return receipt\n   requested, and shall contain (i) the name of the payee and, if different in\n   whole or in part, the names of the persons to whom an obligation of support is\n   owed by the obligor, (ii) the name of the obligor, (iii) the amount of the\n   periodic support payment, the due dates of such payments and any arrearages,\n   (iv) the beginning date for sending payments to the Department of Social\n   Services, and (v) the date by which the payee and obligor shall notify the\n   Department of Social Services of the election to (a) have the Department of\n   Social Services collect and disburse support payments together with forms and\n   instructions for applying for such services or (b) have support payment made\n   by the obligor directly to the payee. A copy of the notice also shall be\n   transmitted to the Department of Social Services.\n\n   3. Unless otherwise directed by the Committee on District Courts, if both the\n   obligor and the payee request in writing to the Department of Social Services\n   that all support payments be made by the obligor directly to the payee, then\n   the Department of Social Services shall so notify the court and the court\n   shall enter an order to such effect. In the event an election is taken\n   pursuant to subdivision 2 (v)(a), the notice of election shall have the same\n   force and effect as an order of the court.\n\n   4. The above provisions shall also apply to payroll deductions made pursuant\n   to &#xA7; 20-79.1, except that only the payee and the employer shall receive\n   such notice.\n\n   5. The change in payment provision required by subsection A shall be initiated\n   by October 1, 1985, unless a different date is mutually agreed to by the\n   Department of Social Services and the Committee on District Courts as to\n   individual courts.\n\nB. Unless a different date is mutually agreed to by the Department of Social\nServices and the Committee on District Courts, all orders or decrees for support\nentered on or after October 1, 1985, shall direct that payment be made only to\nthe payee unless one of the parties objects, in which case the order or decree\nshall direct that payment be made to or through the Department of Social\nServices.\n\nC. The Department of Social Services shall promptly pay to the payee all support\npayments collected by it which have been ordered by a court to be paid to or\nthrough the Department. The Department shall pay interest to the payee when such\ninterest amount exceeds $5 on a support payment as provided in &#xA7; 63.2-1951.\n\nD. If the Department of Social Services enters into a contract with a public or\nprivate entity for the processing of support payments, then, except as provided\nin subsection E, and notwithstanding any other provision of this section:\n\n   1. The Department shall notify the affected court of the existence of such\n   contract and how payments are contractually required to be made to such\n   contractors; and\n\n   2. The affected court shall include in all support orders (i) how payments are\n   required to be made to such contractors and (ii) that payments are to be made\n   in such manner until different payment instructions are mailed to the person\n   making payments by the court or by the Department.\n\nE. An employer of 10,000 persons or more shall not be required to make payments\nother than by combined single payment to the Department&#8217;s central office\nin Richmond without the express written consent of the employer, unless the\norder is from a support enforcement agency outside the Commonwealth.\n\nF. Upon any obligee&#8217;s application for public assistance benefits or child\nsupport services, the Department of Social Services may change the payee to the\nDepartment so that payment is sent to the Department at its address as contained\nin the notice of change as described in this subsection. Upon the\nobligee&#8217;s request that support services no longer be provided, the\nDepartment may change the payee to the obligee so that payment is sent to the\nobligee at the address provided by the obligee as contained in the notice of\nchange as described in this subsection. Notice of such change shall be served on\nthe obligor by certified mail, return receipt requested, by electronic means, or\nin accordance with Chapter 8 (&#xA7; 8.01-285 et seq.) or Chapter 9 (&#xA7;\n8.01-328 et seq.) of Title 8.01. The change described in the notice shall be\neffective as to all payments paid on or after the date that notice was served\nregardless of when such payments were due. Return of service shall be made to\nthe Department of Social Services at the location described in the notice. Upon\nobtaining service of the notice on the obligor, the Department of Social\nServices shall transmit a copy of such notice together with a copy of the proof\nof service to the court having jurisdiction for enforcement of the order and to\nthe custodial parent.\n\nHISTORY: 1985, c. 488; 1986, c. 594; 1986, Sp. Sess., cc. 1, 3; 1987, cc. 609,\n658, 706; 1988, c. 906; 1990, c. 836; 1991, cc. 651, 694; 1996, c. 416; 2016, c.\n29.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}