{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-79.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-79.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-79.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-79.1.html"}],"law_id":64307,"edition_id":1,"section_id":64307,"structure_id":13013,"section_number":"20-79.1","catch_line":"Enforcement of support orders; income deduction; penalty for wrongful discharge","history":"1982, c. 298; 1983, c. 481; 1985, c. 488; 1986, c. 594; 1987, cc. 658, 706; 1988, c. 906; 1990, c. 896; 1991, c. 534; 1997, cc. 648, 663; 1998, c. 727; 2018, c. 707; 2020, c. 722.","full_text":"A\n\nFor the purposes of this section, the terms “employee,” “employer,” “income,” and “independent contractor” shall have the same meanings ascribed to them in § 63.2-1900.B\n\nAs part of any order directing a person to pay child support, except for initial orders entered pursuant to § 20-79.2, or spousal support pursuant to this chapter or §§ 16.1-278.15 through 16.1-278.18, 20-103, 20-107.2, or 20-109.1, or by separate order at any time thereafter, a court of competent jurisdiction may order a person’s employer to deduct from the amounts due or payable to such person, the entitlement to which is based upon income as defined in § 63.2-1900, the amount of current support due and an amount to be applied to arrearages, if any. The court shall order such income deductions (i) if so provided in a stipulation or contract signed by the party ordered to pay such support and filed with the pleadings or depositions, (ii) upon receipt of a notice of arrearages in a case in which an order has been entered pursuant to § 20-60.3, or (iii) upon a finding that the respondent is in arrears for an amount equal to one month’s support obligation. The court may, in its discretion, order such payroll deduction (a) on the basis of the obligor’s past financial responsibility, history of prior payments pursuant to any such support order, and any other matter that the court considers relevant in determining the likelihood of payment in accordance with the support order or (b) at the request of the obligor.C\n\nAny income deduction order shall be entered upon motion and concurrent proper notice sent by the clerk or counsel. The notice shall cite this section. If the notice is sent by the clerk, it shall be served in accordance with the provisions of § 8.01-296 or 8.01-329, or sent by certified mail or by electronic means, including facsimile transmission, to the employer. An employer paying wages or other income subject to deduction shall deliver the notice to the person ordered to pay such support.\n\t\t\tThe notice shall advise the obligor (i) of the amount proposed to be withheld; (ii) that the order of the court will apply to current and future income; (iii) of the right to contest the order; (iv) that the obligor must file a written notice of contest of such deduction with the court within 10 days of the date of issuance of the notice; (v) that if the notice is contested, a hearing will be held and a decision rendered within 10 days from the receipt of the notice of contest by the court, unless good cause is shown for additional time, which shall in no event exceed 45 days from receipt of the notice by the obligor; (vi) that only disputes as to mistakes of fact as defined in § 63.2-1900 will be heard; (vii) that any order for income deduction entered will state when the deductions will start and the information that will be provided to the person’s employer; and (viii) that payment of overdue support upon receipt of the notice shall not be a bar to the implementation of withholding.\n\t\t\tWhenever the obligor and the obligee agree to income deductions in a contract or stipulation, the obligor shall be deemed to have waived notice as required in this subsection and the deduction shall be ordered only upon the stipulation or contract being approved by the court.D\n\nThe income deduction order of the court shall by its terms direct the clerk to issue an order in accordance with § 20-79.3 to any employer and, if required, to each future employer, as necessary to implement the order. The order shall cite this section as authority for the entry of the order.E\n\nThe rights and responsibilities of employers with respect to income deduction orders are set out in § 20-79.3.F\n\nThe order to the employer pursuant to this section shall be effective when a certified copy thereof has been served upon or sent to the employer by electronic means, including facsimile transmission. A copy shall be provided to the employee or independent contractor by the employer. If the employer is a corporation, such service shall be accomplished as is provided in § 8.01-513.G\n\nAny order issued pursuant to this section shall be promptly terminated or modified, as appropriate, after notice and an opportunity for a hearing for the parties when (i) the whereabouts of the children entitled to support and their custodian become unknown, or (ii) the support obligation to an obligee ceases. Any such order shall be promptly modified, as appropriate, when arrearages have been paid in full.H\n\nThe Department of Social Services may charge an obligee an appropriate fee when complying with an order entered under this section sufficient to cover the Department’s cost.I\n\nIf a court of competent jurisdiction in any state or territory of the United States or the District of Columbia has ordered a person to pay child support, a court of competent jurisdiction in the Commonwealth, upon motion, notice, and opportunity for a hearing as provided in this section, shall enter an income deduction order, conforming with § 20-79.3 as provided in this section. The rights and responsibilities of the employer with respect to the order are set out in § 20-79.3. Similar orders of the courts of the Commonwealth may be enforced in a similar manner in such other state, territory, or district.J\n\nIf the employee is not an independent contractor, the court or clerk shall attempt to ascertain the obligor’s pay period interval prior to service of the clerk’s order. If, after the order is served, the employer replies to the court that the pay period interval in the income deduction order differs from the obligor’s pay period interval, the clerk shall convert the single monetary amount in the income deduction order to an equivalent single monetary amount for the obligor’s pay period interval pursuant to a formula approved by the Committee on District Courts. The equivalent single monetary amount shall be contained in a new order issued by the clerk and served on the employer and which conforms to § 20-79.3.K\n\nIf the Department of Social Services or the Department’s designee receives payments deducted from income of the obligor pursuant to more than one judicial order or a combination of judicial and administrative orders, the Department or the Department’s designee shall first allocate such payments among the obligees under such orders with priority given to payment of the order for current support. Where payments are received pursuant to two or more orders for current support, the Department or the Department’s designee shall prorate the payments received on the basis of the amounts due under each such order. Upon satisfaction of any amounts due for current support the Department or the Department’s designee shall prorate the remainder of the payments received on the basis of amounts due under any orders for accrued arrearages.","order_by":null,"text":{"0":{"id":234045,"text":"For the purposes of this section, the terms “employee,” “employer,” “income,” and “independent contractor” shall have the same meanings ascribed to them in § 63.2-1900.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":234046,"text":"As part of any order directing a person to pay child support, except for initial orders entered pursuant to § 20-79.2, or spousal support pursuant to this chapter or §§ 16.1-278.15 through 16.1-278.18, 20-103, 20-107.2, or 20-109.1, or by separate order at any time thereafter, a court of competent jurisdiction may order a person’s employer to deduct from the amounts due or payable to such person, the entitlement to which is based upon income as defined in § 63.2-1900, the amount of current support due and an amount to be applied to arrearages, if any. The court shall order such income deductions (i) if so provided in a stipulation or contract signed by the party ordered to pay such support and filed with the pleadings or depositions, (ii) upon receipt of a notice of arrearages in a case in which an order has been entered pursuant to § 20-60.3, or (iii) upon a finding that the respondent is in arrears for an amount equal to one month’s support obligation. The court may, in its discretion, order such payroll deduction (a) on the basis of the obligor’s past financial responsibility, history of prior payments pursuant to any such support order, and any other matter that the court considers relevant in determining the likelihood of payment in accordance with the support order or (b) at the request of the obligor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":234047,"text":"Any income deduction order shall be entered upon motion and concurrent proper notice sent by the clerk or counsel. The notice shall cite this section. If the notice is sent by the clerk, it shall be served in accordance with the provisions of § 8.01-296 or 8.01-329, or sent by certified mail or by electronic means, including facsimile transmission, to the employer. An employer paying wages or other income subject to deduction shall deliver the notice to the person ordered to pay such support.\n\t\t\tThe notice shall advise the obligor (i) of the amount proposed to be withheld; (ii) that the order of the court will apply to current and future income; (iii) of the right to contest the order; (iv) that the obligor must file a written notice of contest of such deduction with the court within 10 days of the date of issuance of the notice; (v) that if the notice is contested, a hearing will be held and a decision rendered within 10 days from the receipt of the notice of contest by the court, unless good cause is shown for additional time, which shall in no event exceed 45 days from receipt of the notice by the obligor; (vi) that only disputes as to mistakes of fact as defined in § 63.2-1900 will be heard; (vii) that any order for income deduction entered will state when the deductions will start and the information that will be provided to the person’s employer; and (viii) that payment of overdue support upon receipt of the notice shall not be a bar to the implementation of withholding.\n\t\t\tWhenever the obligor and the obligee agree to income deductions in a contract or stipulation, the obligor shall be deemed to have waived notice as required in this subsection and the deduction shall be ordered only upon the stipulation or contract being approved by the court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":234048,"text":"The income deduction order of the court shall by its terms direct the clerk to issue an order in accordance with § 20-79.3 to any employer and, if required, to each future employer, as necessary to implement the order. The order shall cite this section as authority for the entry of the order.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":234049,"text":"The rights and responsibilities of employers with respect to income deduction orders are set out in § 20-79.3.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":234050,"text":"The order to the employer pursuant to this section shall be effective when a certified copy thereof has been served upon or sent to the employer by electronic means, including facsimile transmission. A copy shall be provided to the employee or independent contractor by the employer. If the employer is a corporation, such service shall be accomplished as is provided in § 8.01-513.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":234051,"text":"Any order issued pursuant to this section shall be promptly terminated or modified, as appropriate, after notice and an opportunity for a hearing for the parties when (i) the whereabouts of the children entitled to support and their custodian become unknown, or (ii) the support obligation to an obligee ceases. Any such order shall be promptly modified, as appropriate, when arrearages have been paid in full.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":234052,"text":"The Department of Social Services may charge an obligee an appropriate fee when complying with an order entered under this section sufficient to cover the Department’s cost.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":234053,"text":"If a court of competent jurisdiction in any state or territory of the United States or the District of Columbia has ordered a person to pay child support, a court of competent jurisdiction in the Commonwealth, upon motion, notice, and opportunity for a hearing as provided in this section, shall enter an income deduction order, conforming with § 20-79.3 as provided in this section. The rights and responsibilities of the employer with respect to the order are set out in § 20-79.3. Similar orders of the courts of the Commonwealth may be enforced in a similar manner in such other state, territory, or district.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":234054,"text":"If the employee is not an independent contractor, the court or clerk shall attempt to ascertain the obligor’s pay period interval prior to service of the clerk’s order. If, after the order is served, the employer replies to the court that the pay period interval in the income deduction order differs from the obligor’s pay period interval, the clerk shall convert the single monetary amount in the income deduction order to an equivalent single monetary amount for the obligor’s pay period interval pursuant to a formula approved by the Committee on District Courts. The equivalent single monetary amount shall be contained in a new order issued by the clerk and served on the employer and which conforms to § 20-79.3.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":234055,"text":"If the Department of Social Services or the Department’s designee receives payments deducted from income of the obligor pursuant to more than one judicial order or a combination of judicial and administrative orders, the Department or the Department’s designee shall first allocate such payments among the obligees under such orders with priority given to payment of the order for current support. Where payments are received pursuant to two or more orders for current support, the Department or the Department’s designee shall prorate the payments received on the basis of the amounts due under each such order. Upon satisfaction of any amounts due for current support the Department or the Department’s designee shall prorate the remainder of the payments received on the basis of amounts due under any orders for accrued arrearages.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":13013,"edition_id":1,"name":"Desertion and Nonsupport","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":178421,"object_type":"structure","relational_id":13013,"identifier":"5","token":"20\/5","url":"\/20\/5\/","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":68962,"structure_id":13013,"section_number":"20-61","catch_line":"Desertion or nonsupport of wife, husband or children in necessitous circumstances","url":"\/20-61\/","token":"20\/5\/20-61","metadata":false},{"id":87062,"structure_id":13013,"section_number":"20-61.1","catch_line":"Repealed","url":"\/20-61.1\/","token":"20\/5\/20-61.1","metadata":false},{"id":57689,"structure_id":13013,"section_number":"20-61.3","catch_line":"Consequences of a putative father failing to appear","url":"\/20-61.3\/","token":"20\/5\/20-61.3","metadata":false},{"id":55172,"structure_id":13013,"section_number":"20-62","catch_line":"Commitment to workhouse, city farm or work squad for such desertion","url":"\/20-62\/","token":"20\/5\/20-62","metadata":false},{"id":66099,"structure_id":13013,"section_number":"20-63","catch_line":"Support payments by county or city","url":"\/20-63\/","token":"20\/5\/20-63","metadata":false},{"id":68667,"structure_id":13013,"section_number":"20-64","catch_line":"Proceedings instituted by petition","url":"\/20-64\/","token":"20\/5\/20-64","metadata":false},{"id":65766,"structure_id":13013,"section_number":"20-65","catch_line":"Summons or warrant; investigation and hearing","url":"\/20-65\/","token":"20\/5\/20-65","metadata":false},{"id":68728,"structure_id":13013,"section_number":"20-66","catch_line":"Contempt proceedings; trial in absence of defendant","url":"\/20-66\/","token":"20\/5\/20-66","metadata":false},{"id":64821,"structure_id":13013,"section_number":"20-67","catch_line":"Jurisdiction","url":"\/20-67\/","token":"20\/5\/20-67","metadata":false},{"id":83650,"structure_id":13013,"section_number":"20-68","catch_line":"Appeal","url":"\/20-68\/","token":"20\/5\/20-68","metadata":false},{"id":63813,"structure_id":13013,"section_number":"20-69","catch_line":"Fees of officers","url":"\/20-69\/","token":"20\/5\/20-69","metadata":false},{"id":56677,"structure_id":13013,"section_number":"20-70","catch_line":"No warrant of arrest to issue","url":"\/20-70\/","token":"20\/5\/20-70","metadata":false},{"id":81017,"structure_id":13013,"section_number":"20-71","catch_line":"Temporary orders for support","url":"\/20-71\/","token":"20\/5\/20-71","metadata":false},{"id":65803,"structure_id":13013,"section_number":"20-71.1","catch_line":"Attorneys' fees in proceedings under \u00a7 20-71","url":"\/20-71.1\/","token":"20\/5\/20-71.1","metadata":false},{"id":63723,"structure_id":13013,"section_number":"20-72","catch_line":"Probation on order directing defendant to pay and enter recognizance","url":"\/20-72\/","token":"20\/5\/20-72","metadata":false},{"id":79282,"structure_id":13013,"section_number":"20-73","catch_line":"Condition of the recognizance","url":"\/20-73\/","token":"20\/5\/20-73","metadata":false},{"id":55024,"structure_id":13013,"section_number":"20-74","catch_line":"Support orders to remain in effect until annulled; modification","url":"\/20-74\/","token":"20\/5\/20-74","metadata":false},{"id":56901,"structure_id":13013,"section_number":"20-75","catch_line":"Procedure when accused outside territorial jurisdiction","url":"\/20-75\/","token":"20\/5\/20-75","metadata":false},{"id":56591,"structure_id":13013,"section_number":"20-76","catch_line":"Repealed","url":"\/20-76\/","token":"20\/5\/20-76","metadata":false},{"id":83903,"structure_id":13013,"section_number":"20-77","catch_line":"When authority to suspend sentence may be exercised; deduction of certain time from sentence","url":"\/20-77\/","token":"20\/5\/20-77","metadata":false},{"id":85444,"structure_id":13013,"section_number":"20-78","catch_line":"Continuance of failure to support after completion of sentence","url":"\/20-78\/","token":"20\/5\/20-78","metadata":false},{"id":56123,"structure_id":13013,"section_number":"20-78.1","catch_line":"Effect of entry of support order in certain garnishment proceedings","url":"\/20-78.1\/","token":"20\/5\/20-78.1","metadata":false},{"id":57756,"structure_id":13013,"section_number":"20-78.2","catch_line":"Attorney fees and interest on support arrearage","url":"\/20-78.2\/","token":"20\/5\/20-78.2","metadata":false},{"id":78582,"structure_id":13013,"section_number":"20-79","catch_line":"Effect of divorce proceedings","url":"\/20-79\/","token":"20\/5\/20-79","metadata":false},{"id":64307,"structure_id":13013,"section_number":"20-79.1","catch_line":"Enforcement of support orders; income deduction; penalty for wrongful discharge","url":"\/20-79.1\/","token":"20\/5\/20-79.1","metadata":false},{"id":58663,"structure_id":13013,"section_number":"20-79.2","catch_line":"Immediate income deduction; income withholding","url":"\/20-79.2\/","token":"20\/5\/20-79.2","metadata":false},{"id":77212,"structure_id":13013,"section_number":"20-79.3","catch_line":"Information required in income deduction order","url":"\/20-79.3\/","token":"20\/5\/20-79.3","metadata":false},{"id":54084,"structure_id":13013,"section_number":"20-80","catch_line":"Violation of orders; trial; forfeiture of recognizance","url":"\/20-80\/","token":"20\/5\/20-80","metadata":false},{"id":78344,"structure_id":13013,"section_number":"20-81","catch_line":"Presumptions as to desertion and abandonment","url":"\/20-81\/","token":"20\/5\/20-81","metadata":false},{"id":71297,"structure_id":13013,"section_number":"20-82","catch_line":"Spouses competent as witnesses","url":"\/20-82\/","token":"20\/5\/20-82","metadata":false},{"id":62002,"structure_id":13013,"section_number":"20-83","catch_line":"Venue of offense","url":"\/20-83\/","token":"20\/5\/20-83","metadata":false},{"id":78671,"structure_id":13013,"section_number":"20-83.1","catch_line":"Transfer of cases between courts in certain instances","url":"\/20-83.1\/","token":"20\/5\/20-83.1","metadata":false},{"id":54200,"structure_id":13013,"section_number":"20-84","catch_line":"Extradition","url":"\/20-84\/","token":"20\/5\/20-84","metadata":false},{"id":87005,"structure_id":13013,"section_number":"20-85","catch_line":"Repealed","url":"\/20-85\/","token":"20\/5\/20-85","metadata":false},{"id":56884,"structure_id":13013,"section_number":"20-87","catch_line":"Arrest for violating directions, rules or regulations given by judge","url":"\/20-87\/","token":"20\/5\/20-87","metadata":false},{"id":73883,"structure_id":13013,"section_number":"20-87.1","catch_line":"Repealed","url":"\/20-87.1\/","token":"20\/5\/20-87.1","metadata":false},{"id":60261,"structure_id":13013,"section_number":"20-88","catch_line":"Support of parents by children","url":"\/20-88\/","token":"20\/5\/20-88","metadata":false},{"id":66481,"structure_id":13013,"section_number":"20-88.01","catch_line":"Repealed","url":"\/20-88.01\/","token":"20\/5\/20-88.01","metadata":false},{"id":79708,"structure_id":13013,"section_number":"20-88.02","catch_line":"Transfer of assets to qualify for assistance; liability of transferees","url":"\/20-88.02\/","token":"20\/5\/20-88.02","metadata":false},{"id":80205,"structure_id":13013,"section_number":"20-88.02:1","catch_line":"Limitations on spousal support orders resulting in eligibility for medical assistance services; definitions","url":"\/20-88.02_1\/","token":"20\/5\/20-88.02_1","metadata":false}],"previous_section":{"id":78582,"structure_id":13013,"section_number":"20-79","catch_line":"Effect of divorce proceedings","url":"\/20-79\/","token":"20\/5\/20-79","metadata":false},"next_section":{"id":58663,"structure_id":13013,"section_number":"20-79.2","catch_line":"Immediate income deduction; income withholding","url":"\/20-79.2\/","token":"20\/5\/20-79.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-79.1\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 298 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 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 11 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 1983, chapter 481; in 1985, chapter 488; in 1986, chapter 594; in 1987, chapters 658 and 706; in 1988, chapter 906; in 1990, chapter 896; in 1991, chapter 534; in 1997, chapters 648<\/a> and 663<\/a>; in 1998, chapter 727<\/a>; in 2018, chapter 707<\/a>; in 2020, chapter 722<\/a>.<\/p>","references":[{"id":61778,"section_number":"16.1-278.16","catch_line":"Failure to comply with support obligation; payroll deduction; commitment","order_by":null,"url":"\/16.1-278.16\/"},{"id":66604,"section_number":"20-113","catch_line":"Procedure when respondent fails to perform order for support and maintenance of child or spouse or owes support and maintenance or additional support and maintenance","order_by":null,"url":"\/20-113\/"},{"id":54223,"section_number":"20-60.3","catch_line":"Contents of support orders","order_by":null,"url":"\/20-60.3\/"},{"id":58182,"section_number":"20-60.5","catch_line":"Support payment provisions; how paid","order_by":null,"url":"\/20-60.5\/"},{"id":58663,"section_number":"20-79.2","catch_line":"Immediate income deduction; income withholding","order_by":null,"url":"\/20-79.2\/"},{"id":77212,"section_number":"20-79.3","catch_line":"Information required in income deduction order","order_by":null,"url":"\/20-79.3\/"},{"id":67402,"section_number":"63.2-1929","catch_line":"Orders to withhold and to deliver property of debtor; issuance and service; contents; right to appeal; answer; effect; delivery of property; bond to release; fee; exemptions","order_by":null,"url":"\/63.2-1929\/"}],"refers_to":[{"id":78408,"section_number":"16.1-278.15","catch_line":"Custody or visitation, child or spousal support generally","order_by":null,"url":"\/16.1-278.15\/"},{"id":59856,"section_number":"16.1-278.18","catch_line":"Money judgments","order_by":null,"url":"\/16.1-278.18\/"},{"id":84768,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","order_by":null,"url":"\/20-103\/"},{"id":59975,"section_number":"20-107.2","catch_line":"Court may decree as to custody and support of children","order_by":null,"url":"\/20-107.2\/"},{"id":73881,"section_number":"20-109.1","catch_line":"Affirmation, ratification and incorporation by reference in decree of agreement between parties","order_by":null,"url":"\/20-109.1\/"},{"id":54223,"section_number":"20-60.3","catch_line":"Contents of support orders","order_by":null,"url":"\/20-60.3\/"},{"id":58663,"section_number":"20-79.2","catch_line":"Immediate income deduction; income withholding","order_by":null,"url":"\/20-79.2\/"},{"id":77212,"section_number":"20-79.3","catch_line":"Information required in income deduction order","order_by":null,"url":"\/20-79.3\/"},{"id":54048,"section_number":"63.2-1900","catch_line":"Definitions","order_by":null,"url":"\/63.2-1900\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"},{"id":64837,"section_number":"8.01-329","catch_line":"Service of process or notice; service on Secretary of Commonwealth","order_by":null,"url":"\/8.01-329\/"}],"permalink":{"id":178519,"object_type":"law","relational_id":64307,"identifier":"20-79.1","token":"20\/5\/20-79.1","url":"\/20-79.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-79.1\/","token":"20\/5\/20-79.1","dublin_core":{"Title":"Enforcement of support orders; income deduction; penalty for wrongful discharge","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-79.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section, the terms “employee,” “employer,” “income,” and “independent contractor” shall have the same meanings ascribed to them in § 63.2-1900<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As part of any order<\/span> directing a person to pay child support, except for initial orders<\/span> entered pursuant to § 20-79.2<\/a>, or spousal support pursuant to this chapter or §§ 16.1-278.15<\/a> through 16.1-278.18<\/a>, 20-103<\/a>, 20-107.2<\/a>, or 20-109.1<\/a>, or by separate order<\/span> at any time thereafter, a court<\/span> of competent jurisdiction<\/span> may order<\/span> a person’s employer to deduct from the amounts due or payable to such person, the entitlement to which is based upon income as defined in § 63.2-1900<\/a>, the amount of current support due and an amount to be applied to arrearages, if any. The court<\/span> shall order<\/span> such income deductions (i) if so provided in a stipulation<\/span> or contract<\/span> signed by the party<\/span> ordered to pay such support and filed with the pleadings<\/span> or depositions<\/span>, (ii) upon receipt of a notice of arrearages in a case in which an order<\/span> has been entered pursuant to § 20-60.3<\/a>, or (iii) upon a finding<\/span> that the respondent is in arrears<\/span> for an amount equal to one month’s support obligation. The court<\/span> may, in its discretion, order<\/span> such payroll deduction (a) on the basis of the obligor’s past financial responsibility, history of prior payments pursuant to any such support order<\/span>, and any other matter that the court<\/span> considers relevant in determining the likelihood of payment in accordance with the support order<\/span> or (b) at the request of the obligor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any income deduction order<\/span> shall be entered upon motion<\/span> and concurrent proper notice sent by the clerk or counsel<\/span>. The notice shall cite this section. If the notice is sent by the clerk, it shall be served in accordance with the provisions of § 8.01-296<\/a> or 8.01-329<\/a>, or sent by certified mail or by electronic means, including facsimile transmission, to the employer. An employer paying wages or other income subject to deduction shall deliver the notice to the person ordered to pay such support.\n\t\t\tThe notice shall advise the obligor (i) of the amount proposed to be withheld; (ii) that the order<\/span> of the court<\/span> will apply to current and future income; (iii) of the right to contest the order<\/span>; (iv) that the obligor must file a written notice of contest of such deduction with the court<\/span> within 10 days of the date of issuance of the notice; (v) that if the notice is contested, a hearing<\/span> will be held and a decision rendered within 10 days from the receipt of the notice of contest by the court<\/span>, unless good cause is shown for additional time, which shall in no event exceed 45 days from receipt of the notice by the obligor; (vi) that only disputes as to mistakes of fact<\/span> as defined in § 63.2-1900<\/a> will be heard; (vii) that any order<\/span> for income deduction entered will state when the deductions will start and the information that will be provided to the person’s employer; and (viii) that payment of overdue support upon receipt of the notice shall not be a bar to the implementation of withholding.\n\t\t\tWhenever the obligor and the obligee agree to income deductions in a contract<\/span> or stipulation<\/span>, the obligor shall be deemed to have waived notice as required in this subsection and the deduction shall be ordered only upon the stipulation<\/span> or contract<\/span> being approved by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The income deduction order<\/span> of the court<\/span> shall by its terms direct the clerk to issue<\/span> an order<\/span> in accordance with § 20-79.3<\/a> to any employer and, if required, to each future employer, as necessary to implement the order<\/span>. The order<\/span> shall cite this section as authority for the entry of the order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The rights and responsibilities of employers with respect to income deduction orders<\/span> are set out in § 20-79.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The order<\/span> to the employer pursuant to this section shall be effective when a certified copy thereof has been served upon or sent to the employer by electronic means, including facsimile transmission. A copy shall be provided to the employee or independent contractor by the employer. If the employer is a corporation, such service shall be accomplished as is provided in § 8.01-513<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any order<\/span> issued pursuant to this section shall be promptly terminated or modified, as appropriate, after notice and an opportunity for a hearing<\/span> for the parties when (i) the whereabouts of the children entitled to support and their custodian become unknown, or (ii) the support obligation to an obligee ceases. Any such order<\/span> shall be promptly modified, as appropriate, when arrearages have been paid in full. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Department of Social Services may charge an obligee an appropriate fee when complying with an order<\/span> entered under this section sufficient to cover the Department’s cost. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> If a court<\/span> of competent jurisdiction<\/span> in any state or territory of the United States or the District of Columbia has ordered a person to pay child support, a court<\/span> of competent jurisdiction<\/span> in the Commonwealth, upon motion<\/span>, notice, and opportunity for a hearing<\/span> as provided in this section, shall enter an income deduction order<\/span>, conforming with § 20-79.3<\/a> as provided in this section. The rights and responsibilities of the employer with respect to the order<\/span> are set out in § 20-79.3<\/a>. Similar orders<\/span> of the courts<\/span> of the Commonwealth may be enforced in a similar manner in such other state, territory, or district. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> If the employee is not an independent contractor, the court<\/span> or clerk shall attempt to ascertain the obligor’s pay period interval prior to service of the clerk’s order<\/span>. If, after the order<\/span> is served, the employer replies to the court<\/span> that the pay period interval in the income deduction order<\/span> differs from the obligor’s pay period interval, the clerk shall convert the single monetary amount in the income deduction order<\/span> to an equivalent single monetary amount for the obligor’s pay period interval pursuant to a formula approved by the Committee on District Courts<\/span>. The equivalent single monetary amount shall be contained in a new order<\/span> issued by the clerk and served on the employer and which conforms to § 20-79.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> If the Department of Social Services or the Department’s designee receives payments deducted from income of the obligor pursuant to more than one judicial order<\/span> or a combination of judicial and administrative orders<\/span>, the Department or the Department’s designee shall first allocate such payments among the obligees under such orders<\/span> with priority given to payment of the order<\/span> for current support. Where payments are received pursuant to two or more orders<\/span> for current support, the Department or the Department’s designee shall prorate the payments received on the basis of the amounts due under each such order<\/span>. Upon satisfaction of any amounts due for current support the Department or the Department’s designee shall prorate the remainder of the payments received on the basis of amounts due under any orders<\/span> for accrued arrearages. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT OF SUPPORT ORDERS; INCOME DEDUCTION; PENALTY FOR WRONGFUL DISCHARGE\n(\u00a7 20-79.1)\n\nA. For the purposes of this section, the terms “employee,”\n“employer,” “income,” and “independent\ncontractor” shall have the same meanings ascribed to them in §\n63.2-1900.\n\nB. As part of any order directing a person to pay child support, except for\ninitial orders entered pursuant to § 20-79.2, or spousal support pursuant\nto this chapter or §§ 16.1-278.15 through 16.1-278.18, 20-103,\n20-107.2, or 20-109.1, or by separate order at any time thereafter, a court of\ncompetent jurisdiction may order a person’s employer to deduct from the\namounts due or payable to such person, the entitlement to which is based upon\nincome as defined in § 63.2-1900, the amount of current support due and an\namount to be applied to arrearages, if any. The court shall order such income\ndeductions (i) if so provided in a stipulation or contract signed by the party\nordered to pay such support and filed with the pleadings or depositions, (ii)\nupon receipt of a notice of arrearages in a case in which an order has been\nentered pursuant to § 20-60.3, or (iii) upon a finding that the respondent\nis in arrears for an amount equal to one month’s support obligation. The\ncourt may, in its discretion, order such payroll deduction (a) on the basis of\nthe obligor’s past financial responsibility, history of prior payments\npursuant to any such support order, and any other matter that the court\nconsiders relevant in determining the likelihood of payment in accordance with\nthe support order or (b) at the request of the obligor.\n\nC. Any income deduction order shall be entered upon motion and concurrent proper\nnotice sent by the clerk or counsel. The notice shall cite this section. If the\nnotice is sent by the clerk, it shall be served in accordance with the\nprovisions of § 8.01-296 or 8.01-329, or sent by certified mail or by\nelectronic means, including facsimile transmission, to the employer. An employer\npaying wages or other income subject to deduction shall deliver the notice to\nthe person ordered to pay such support.\n\t\t\tThe notice shall advise the obligor (i) of the amount proposed to be\nwithheld; (ii) that the order of the court will apply to current and future\nincome; (iii) of the right to contest the order; (iv) that the obligor must file\na written notice of contest of such deduction with the court within 10 days of\nthe date of issuance of the notice; (v) that if the notice is contested, a\nhearing will be held and a decision rendered within 10 days from the receipt of\nthe notice of contest by the court, unless good cause is shown for additional\ntime, which shall in no event exceed 45 days from receipt of the notice by the\nobligor; (vi) that only disputes as to mistakes of fact as defined in §\n63.2-1900 will be heard; (vii) that any order for income deduction entered will\nstate when the deductions will start and the information that will be provided\nto the person’s employer; and (viii) that payment of overdue support upon\nreceipt of the notice shall not be a bar to the implementation of withholding.\n\t\t\tWhenever the obligor and the obligee agree to income deductions in a contract\nor stipulation, the obligor shall be deemed to have waived notice as required in\nthis subsection and the deduction shall be ordered only upon the stipulation or\ncontract being approved by the court.\n\nD. The income deduction order of the court shall by its terms direct the clerk\nto issue an order in accordance with § 20-79.3 to any employer and, if\nrequired, to each future employer, as necessary to implement the order. The\norder shall cite this section as authority for the entry of the order.\n\nE. The rights and responsibilities of employers with respect to income deduction\norders are set out in § 20-79.3.\n\nF. The order to the employer pursuant to this section shall be effective when a\ncertified copy thereof has been served upon or sent to the employer by\nelectronic means, including facsimile transmission. A copy shall be provided to\nthe employee or independent contractor by the employer. If the employer is a\ncorporation, such service shall be accomplished as is provided in §\n8.01-513.\n\nG. Any order issued pursuant to this section shall be promptly terminated or\nmodified, as appropriate, after notice and an opportunity for a hearing for the\nparties when (i) the whereabouts of the children entitled to support and their\ncustodian become unknown, or (ii) the support obligation to an obligee ceases.\nAny such order shall be promptly modified, as appropriate, when arrearages have\nbeen paid in full.\n\nH. The Department of Social Services may charge an obligee an appropriate fee\nwhen complying with an order entered under this section sufficient to cover the\nDepartment’s cost.\n\nI. If a court of competent jurisdiction in any state or territory of the United\nStates or the District of Columbia has ordered a person to pay child support, a\ncourt of competent jurisdiction in the Commonwealth, upon motion, notice, and\nopportunity for a hearing as provided in this section, shall enter an income\ndeduction order, conforming with § 20-79.3 as provided in this section. The\nrights and responsibilities of the employer with respect to the order are set\nout in § 20-79.3. Similar orders of the courts of the Commonwealth may be\nenforced in a similar manner in such other state, territory, or district.\n\nJ. If the employee is not an independent contractor, the court or clerk shall\nattempt to ascertain the obligor’s pay period interval prior to service of\nthe clerk’s order. If, after the order is served, the employer replies to\nthe court that the pay period interval in the income deduction order differs\nfrom the obligor’s pay period interval, the clerk shall convert the single\nmonetary amount in the income deduction order to an equivalent single monetary\namount for the obligor’s pay period interval pursuant to a formula\napproved by the Committee on District Courts. The equivalent single monetary\namount shall be contained in a new order issued by the clerk and served on the\nemployer and which conforms to § 20-79.3.\n\nK. If the Department of Social Services or the Department’s designee\nreceives payments deducted from income of the obligor pursuant to more than one\njudicial order or a combination of judicial and administrative orders, the\nDepartment or the Department’s designee shall first allocate such payments\namong the obligees under such orders with priority given to payment of the order\nfor current support. Where payments are received pursuant to two or more orders\nfor current support, the Department or the Department’s designee shall\nprorate the payments received on the basis of the amounts due under each such\norder. Upon satisfaction of any amounts due for current support the Department\nor the Department’s designee shall prorate the remainder of the payments\nreceived on the basis of amounts due under any orders for accrued arrearages.\n\nHISTORY: 1982, c. 298; 1983, c. 481; 1985, c. 488; 1986, c. 594; 1987, cc. 658,\n706; 1988, c. 906; 1990, c. 896; 1991, c. 534; 1997, cc. 648, 663; 1998, c. 727;\n2018, c. 707; 2020, c. 722.","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}}