{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-79.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-79.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-79.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-79.2.html"}],"law_id":58663,"edition_id":1,"section_id":58663,"structure_id":13013,"section_number":"20-79.2","catch_line":"Immediate income deduction; income withholding","history":"1988, c. 906; 1990, cc. 836, 896; 1991, c. 534; 1995, c. 714; 1998, c. 727; 2020, c. 722.","full_text":"A\n\nFor the purposes of this section, the terms “employer” and “income” shall have the same meanings ascribed to them in § 63.2-1900.B\n\nEvery initial order entered on or after July 1, 1995, directing a person to pay child support shall include a provision for immediate withholding from the income of the obligor for the amount of the support order, plus an amount for the liquidation of arrearages, if any, unless the obligor and either the obligee or the Department on behalf of the obligee, agree in writing to an alternative payment arrangement or one of the parties demonstrates and the court finds good cause for not imposing immediate withholding. In determining whether good cause is shown, the court shall consider the obligor’s past financial responsibility, history of prior payment under any support order, and any other matter that the court considers relevant to the likelihood of payment in accordance with the support order. An alternative payment arrangement may include but is not limited to, a voluntary income assignment pursuant to § 20-79.1 or 63.2-1945.\n\t\t\tAn order that modifies an initial order may include a provision for immediate income withholding.\n\t\t\tThe total amount withheld shall not exceed the maximum amount permitted under § 34-29.\n\t\t\tA withholding order issued to an obligor’s employer pursuant to this section shall conform to § 20-79.3. The rights and obligations of the employer with respect to the order are set out in § 20-79.3. The order shall direct the employer to forward payments to the Department for recording and disbursement to the obligee, or as otherwise required by law. The Department shall not charge a fee for recording and disbursing payments when it is providing support enforcement services to the obligee pursuant to § 63.2-1904 or 63.2-1908.","order_by":null,"text":{"0":{"id":214998,"text":"For the purposes of this section, the terms “employer” and “income” 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":214999,"text":"Every initial order entered on or after July 1, 1995, directing a person to pay child support shall include a provision for immediate withholding from the income of the obligor for the amount of the support order, plus an amount for the liquidation of arrearages, if any, unless the obligor and either the obligee or the Department on behalf of the obligee, agree in writing to an alternative payment arrangement or one of the parties demonstrates and the court finds good cause for not imposing immediate withholding. In determining whether good cause is shown, the court shall consider the obligor’s past financial responsibility, history of prior payment under any support order, and any other matter that the court considers relevant to the likelihood of payment in accordance with the support order. An alternative payment arrangement may include but is not limited to, a voluntary income assignment pursuant to § 20-79.1 or 63.2-1945.\n\t\t\tAn order that modifies an initial order may include a provision for immediate income withholding.\n\t\t\tThe total amount withheld shall not exceed the maximum amount permitted under § 34-29.\n\t\t\tA withholding order issued to an obligor’s employer pursuant to this section shall conform to § 20-79.3. The rights and obligations of the employer with respect to the order are set out in § 20-79.3. The order shall direct the employer to forward payments to the Department for recording and disbursement to the obligee, or as otherwise required by law. The Department shall not charge a fee for recording and disbursing payments when it is providing support enforcement services to the obligee pursuant to § 63.2-1904 or 63.2-1908.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-79.2\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 906 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 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1990, chapters 836 and 896; in 1991, chapter 534; in 1995, chapter 714<\/a>; in 1998, chapter 727<\/a>; in 2020, chapter 722<\/a>.<\/p>","references":[{"id":54223,"section_number":"20-60.3","catch_line":"Contents of support orders","order_by":null,"url":"\/20-60.3\/"},{"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":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":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":77212,"section_number":"20-79.3","catch_line":"Information required in income deduction order","order_by":null,"url":"\/20-79.3\/"},{"id":85697,"section_number":"34-29","catch_line":"Maximum portion of disposable earnings subject to garnishment","order_by":null,"url":"\/34-29\/"},{"id":55360,"section_number":"63.2-1904","catch_line":"Administrative support remedies available for individuals not receiving public assistance; fees","order_by":null,"url":"\/63.2-1904\/"},{"id":72515,"section_number":"63.2-1908","catch_line":"Payment of public assistance for child or custodial parent constitutes debt to Department by noncustodial parents; limitations; Department subrogated to rights","order_by":null,"url":"\/63.2-1908\/"},{"id":69441,"section_number":"63.2-1945","catch_line":"Assignment of earnings to be honored; inapplicability of \u00a7 40.1-31","order_by":null,"url":"\/63.2-1945\/"}],"permalink":{"id":178523,"object_type":"law","relational_id":58663,"identifier":"20-79.2","token":"20\/5\/20-79.2","url":"\/20-79.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-79.2\/","token":"20\/5\/20-79.2","dublin_core":{"Title":"Immediate income deduction; income withholding","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-79.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section, the terms “employer” and “income” 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> Every initial order<\/span> entered on or after July 1, 1995, directing a person to pay child support shall include a provision for immediate withholding from the income of the obligor for the amount of the support order<\/span>, plus an amount for the liquidation<\/span> of arrearages, if any, unless the obligor and either the obligee or the Department on behalf of the obligee, agree in writing to an alternative payment arrangement or one of the parties demonstrates and the court<\/span> finds good cause for not imposing immediate withholding. In determining whether good cause is shown, the court<\/span> shall consider the obligor’s past financial responsibility, history of prior payment under any support order<\/span>, and any other matter that the court<\/span> considers relevant to the likelihood of payment in accordance with the support order<\/span>. An alternative payment arrangement may include but is not limited to, a voluntary income assignment pursuant to § 20-79.1<\/a> or 63.2-1945<\/a>.\n\t\t\tAn order<\/span> that modifies an initial order<\/span> may include a provision for immediate income withholding.\n\t\t\tThe total amount withheld shall not exceed the maximum amount permitted under § 34-29<\/a>.\n\t\t\tA withholding order<\/span> issued to an obligor’s employer pursuant to this section shall conform to § 20-79.3<\/a>. The rights and obligations of the employer with respect to the order<\/span> are set out in § 20-79.3<\/a>. The order<\/span> shall direct the employer to forward payments to the Department for recording and disbursement to the obligee, or as otherwise required by law<\/span>. The Department shall not charge a fee for recording and disbursing payments when it is providing support enforcement services to the obligee pursuant to § 63.2-1904<\/a> or 63.2-1908<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMMEDIATE INCOME DEDUCTION; INCOME WITHHOLDING (\u00a7 20-79.2)\n\nA. For the purposes of this section, the terms “employer” and\n“income” shall have the same meanings ascribed to them in §\n63.2-1900.\n\nB. Every initial order entered on or after July 1, 1995, directing a person to\npay child support shall include a provision for immediate withholding from the\nincome of the obligor for the amount of the support order, plus an amount for\nthe liquidation of arrearages, if any, unless the obligor and either the obligee\nor the Department on behalf of the obligee, agree in writing to an alternative\npayment arrangement or one of the parties demonstrates and the court finds good\ncause for not imposing immediate withholding. In determining whether good cause\nis shown, the court shall consider the obligor’s past financial\nresponsibility, history of prior payment under any support order, and any other\nmatter that the court considers relevant to the likelihood of payment in\naccordance with the support order. An alternative payment arrangement may\ninclude but is not limited to, a voluntary income assignment pursuant to §\n20-79.1 or 63.2-1945.\n\t\t\tAn order that modifies an initial order may include a provision for immediate\nincome withholding.\n\t\t\tThe total amount withheld shall not exceed the maximum amount permitted under\n§ 34-29.\n\t\t\tA withholding order issued to an obligor’s employer pursuant to this\nsection shall conform to § 20-79.3. The rights and obligations of the\nemployer with respect to the order are set out in § 20-79.3. The order\nshall direct the employer to forward payments to the Department for recording\nand disbursement to the obligee, or as otherwise required by law. The Department\nshall not charge a fee for recording and disbursing payments when it is\nproviding support enforcement services to the obligee pursuant to §\n63.2-1904 or 63.2-1908.\n\nHISTORY: 1988, c. 906; 1990, cc. 836, 896; 1991, c. 534; 1995, c. 714; 1998, c.\n727; 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}}