{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-79.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-79.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-79.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-79.3.html"}],"law_id":77212,"edition_id":1,"section_id":77212,"structure_id":13013,"section_number":"20-79.3","catch_line":"Information required in income deduction order","history":"1990, c. 896; 1991, cc. 651, 694; 1994, c. 767; 1996, c. 416; 1998, c. 727; 2001, c. 209; 2006, c. 365; 2007, c. 557; 2020, c. 722; 2022, c. 447.","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\nOrders for withholding from the income of an employee or independent contractor shall state and include the following:1\n\nThe name and correct social security number of the obligor and the name and correct address of the payee;2\n\nThat the employer shall withhold and pay out of the disposable income as defined in § 63.2-100, a single monetary amount or the maximum amount permitted under § 34-29, whichever is less, for each regular pay period of the obligor and such payment may be by check. If the employee is an independent contractor, then the order shall state that the employer shall withhold and pay out of the obligor’s income a single monetary amount or the maximum amount permitted under § 34-29, whichever is less, for each instance of compensation of the obligor, once the aggregate amount of remuneration reaches $600 or more in a calendar year, and such payment may be by check;3\n\nThat the income deduction shall begin with the next regular pay period of the obligor following service of the order on the employer, and payment shall be made at regular intervals consistent with the pay periods of the obligor, or, if the obligor is an independent contractor, the order shall begin with the next instance of compensation of the obligor, and payment shall be made at each instance of compensation of the obligor;4\n\nA statement of the maximum percentage under § 34-29 that may be withheld from the obligor’s disposable income;5\n\nThat, to the extent required by the provisions for health care coverage contained in the order, the employer shall (i) enroll the employee, the employee’s spouse or former spouse, and the employee’s dependent children listed in the order as covered persons in a group health insurance plan or other similar plan providing health care services or coverage offered by the employer, without regard to enrollment season restrictions, if the subject spouse, former spouse, or children are eligible for such coverage under the employer’s enrollment provisions and (ii) deduct any required premiums from the employee’s income to pay for the insurance. If more than one plan is offered by the employer, the spouse, former spouse, or children shall be enrolled prospectively in the insurance plan in which the employee is enrolled or, if the employee is not enrolled, in the least costly plan otherwise available. The employer shall also enroll the children of an employee in the appropriate health coverage plan upon application by the children’s other parent or legal guardian or upon application by the Department of Medical Assistance Services. In each case that is being enforced by the Department of Social Services, the employer shall respond to such orders by advising the Department in which plan the children are enrolled or if the children are ineligible for any plan through the employer. The order to the employer shall specify either support withholdings or insurance premium deductions as having priority for the duration of the order in the event the maximum total deduction permitted at any time by § 34-29 is insufficient to fully cover both; the employer shall consider and direct insurance premium deductions and support withholdings the same for purposes of § 34-29. The employer shall not be held liable for any medical expenses incurred on behalf of the spouse, former spouse, or dependent children because of the employer’s failure to enroll the spouse, former spouse, or dependent children in a health care plan after being directed to do so by a court or the Department. The employer shall not be obligated to subsequently make or change such enrollment if the group health insurance plan or other factors change after the spouse’s, former spouse’s, or child’s eligibility or ineligibility for coverage is initially determined in response to the order for withholding. However, the employer shall not disenroll such children unless the employer (i) is provided satisfactory written evidence that such court or administrative order is no longer in effect, (ii) is provided satisfactory written evidence that the children are or will be enrolled in a comparable health coverage plan that will take effect not later than the effective date of such disenrollment, or (iii) has eliminated family health coverage for all of its employees. A one-time fee of no more than $5 may be charged by the employer to the employee for the administration of this requirement;6\n\nThat a fee of up to a maximum of $5 for each reply or remittance on account of the obligor may be charged by the employer and withheld from the obligor’s income in addition to the support amount to be withheld; however, child support withholding amounts collected from unemployment insurance benefits shall not be subject to this fee;7\n\nThat the order is binding upon the employer and obligor and withholding is to continue until further notice by order of the court or the Department is served, or the obligor is no longer employed, whichever occurs first;8\n\nThat the order shall have priority over any other types of liens created by state law against such income, except that if there is more than one court or administrative order for withholding for support against an obligor, the employer shall prorate among the orders based upon the current amounts due pursuant to more than one judicial or administrative order or a combination thereof, with any remaining amounts prorated among the accrued arrearages, if any, to the extent that the amounts withheld, when combined, do not exceed the maximum limits imposed under § 34-29 as specified in the order being honored;9\n\nThat the obligor’s rights are protected pursuant to § 63.2-1944 and that no employer shall discharge any employee, take disciplinary action against an employee, or terminate a contract with or refuse to employ a person by reason of the fact that his income has been made subject to a deduction pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 or § 20-79.1 or 20-79.2 and an employer who discharges or takes disciplinary action against an employee or terminates a contract with or refuses to employ any person because of an order for withholding under these sections shall be liable for a civil fine of not more than $1,000;10\n\nThe address to which the withholding is to be sent at the Department of Social Services and the case number, if available;11\n\nThat the employer shall be liable for payments that he fails to withhold or mail as specified in the order;12\n\nThat employers shall remit payments on each regular pay date of the obligor, or instance of compensation if the obligor is an independent contractor, or, if electronic funds transfer is used, within four days of the pay date, directly to the Division of Child Support Enforcement for disbursement. All employers with at least 100 employees and all payroll processing firms with at least 50 clients shall remit payments by electronic funds transfer;13\n\nThat the employer shall be deemed to have complied with the order by (i) mailing on each regular pay date of the obligor, or instance of compensation if the obligor is an independent contractor, to the Department, by first-class mail, any amount required to be deducted or (ii) submitting such amounts by electronic funds transfer transmitted within four days of the obligor’s regular pay date or instance of compensation;14\n\nThat the employer and obligor shall notify the Department promptly when the obligor terminates employment and shall provide the last known address of the obligor and name and address of the new employer, if known;15\n\nThat amounts withheld from multiple employees identified as such by (i) amount, (ii) name, (iii) social security number, (iv) case number if provided in the order, and (v) date payment was withheld from obligor’s income may be combined into a single payment when payable to the same payee;16\n\nNo order or directive shall require employers of 10,000 or more employees to make payments other than by combined single payment to the Department’s central office in Richmond, without the employer’s express written consent, unless the order is from a support enforcement agency outside the Commonwealth;17\n\nPayment pursuant to an order issued under this section shall serve as full acquittance of the employer under any contract of employment;18\n\nNotice that any employer who fails to timely withhold payments pursuant to this section shall be liable for any amount not timely withheld;19\n\nThat the employer shall provide to the employee or independent contractor a copy of the withholding order and the notice to the employee sent by the court.C\n\nIf the employer receives an order that (i) does not contain the obligor’s correct social security number, (ii) does not specify a single monetary amount to be withheld per regular pay period interval of the obligor, unless the obligor is an independent contractor or the order is for lump sum withholding, (iii) does not state the maximum percentage that may be withheld pursuant to § 34-29, (iv) contains information that is in conflict with the employer’s current payroll records, or (v) orders payment to an entity other than to the Department of Social Services or the Department’s designee, the employer may deposit in the mail or otherwise file a reply to that effect within five business days from service of such order. The order shall be void from transmission or filing of such reply unless the court or the Department, as applicable, finds that the reply is materially false. In addition, an employer of 10,000 or more persons may also file a reply, with like effect, if payment is ordered other than by combined single payment in the case of withholdings from multiple employees to the Department’s central office in Richmond, without the employer’s express written consent, unless the order is from a support enforcement agency outside the Commonwealth.","order_by":null,"text":{"0":{"id":276976,"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":276977,"text":"Orders for withholding from the income of an employee or independent contractor shall state and include the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":276978,"text":"The name and correct social security number of the obligor and the name and correct address of the payee;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":276979,"text":"That the employer shall withhold and pay out of the disposable income as defined in § 63.2-100, a single monetary amount or the maximum amount permitted under § 34-29, whichever is less, for each regular pay period of the obligor and such payment may be by check. If the employee is an independent contractor, then the order shall state that the employer shall withhold and pay out of the obligor’s income a single monetary amount or the maximum amount permitted under § 34-29, whichever is less, for each instance of compensation of the obligor, once the aggregate amount of remuneration reaches $600 or more in a calendar year, and such payment may be by check;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":276980,"text":"That the income deduction shall begin with the next regular pay period of the obligor following service of the order on the employer, and payment shall be made at regular intervals consistent with the pay periods of the obligor, or, if the obligor is an independent contractor, the order shall begin with the next instance of compensation of the obligor, and payment shall be made at each instance of compensation of the obligor;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":276981,"text":"A statement of the maximum percentage under § 34-29 that may be withheld from the obligor’s disposable income;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":276982,"text":"That, to the extent required by the provisions for health care coverage contained in the order, the employer shall (i) enroll the employee, the employee’s spouse or former spouse, and the employee’s dependent children listed in the order as covered persons in a group health insurance plan or other similar plan providing health care services or coverage offered by the employer, without regard to enrollment season restrictions, if the subject spouse, former spouse, or children are eligible for such coverage under the employer’s enrollment provisions and (ii) deduct any required premiums from the employee’s income to pay for the insurance. If more than one plan is offered by the employer, the spouse, former spouse, or children shall be enrolled prospectively in the insurance plan in which the employee is enrolled or, if the employee is not enrolled, in the least costly plan otherwise available. The employer shall also enroll the children of an employee in the appropriate health coverage plan upon application by the children’s other parent or legal guardian or upon application by the Department of Medical Assistance Services. In each case that is being enforced by the Department of Social Services, the employer shall respond to such orders by advising the Department in which plan the children are enrolled or if the children are ineligible for any plan through the employer. The order to the employer shall specify either support withholdings or insurance premium deductions as having priority for the duration of the order in the event the maximum total deduction permitted at any time by § 34-29 is insufficient to fully cover both; the employer shall consider and direct insurance premium deductions and support withholdings the same for purposes of § 34-29. The employer shall not be held liable for any medical expenses incurred on behalf of the spouse, former spouse, or dependent children because of the employer’s failure to enroll the spouse, former spouse, or dependent children in a health care plan after being directed to do so by a court or the Department. The employer shall not be obligated to subsequently make or change such enrollment if the group health insurance plan or other factors change after the spouse’s, former spouse’s, or child’s eligibility or ineligibility for coverage is initially determined in response to the order for withholding. However, the employer shall not disenroll such children unless the employer (i) is provided satisfactory written evidence that such court or administrative order is no longer in effect, (ii) is provided satisfactory written evidence that the children are or will be enrolled in a comparable health coverage plan that will take effect not later than the effective date of such disenrollment, or (iii) has eliminated family health coverage for all of its employees. A one-time fee of no more than $5 may be charged by the employer to the employee for the administration of this requirement;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":276983,"text":"That a fee of up to a maximum of $5 for each reply or remittance on account of the obligor may be charged by the employer and withheld from the obligor’s income in addition to the support amount to be withheld; however, child support withholding amounts collected from unemployment insurance benefits shall not be subject to this fee;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":276984,"text":"That the order is binding upon the employer and obligor and withholding is to continue until further notice by order of the court or the Department is served, or the obligor is no longer employed, whichever occurs first;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":276985,"text":"That the order shall have priority over any other types of liens created by state law against such income, except that if there is more than one court or administrative order for withholding for support against an obligor, the employer shall prorate among the orders based upon the current amounts due pursuant to more than one judicial or administrative order or a combination thereof, with any remaining amounts prorated among the accrued arrearages, if any, to the extent that the amounts withheld, when combined, do not exceed the maximum limits imposed under § 34-29 as specified in the order being honored;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":276986,"text":"That the obligor’s rights are protected pursuant to § 63.2-1944 and that no employer shall discharge any employee, take disciplinary action against an employee, or terminate a contract with or refuse to employ a person by reason of the fact that his income has been made subject to a deduction pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 or § 20-79.1 or 20-79.2 and an employer who discharges or takes disciplinary action against an employee or terminates a contract with or refuses to employ any person because of an order for withholding under these sections shall be liable for a civil fine of not more than $1,000;","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":276987,"text":"The address to which the withholding is to be sent at the Department of Social Services and the case number, if available;","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"12":{"id":276988,"text":"That the employer shall be liable for payments that he fails to withhold or mail as specified in the order;","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"B12"},"13":{"id":276989,"text":"That employers shall remit payments on each regular pay date of the obligor, or instance of compensation if the obligor is an independent contractor, or, if electronic funds transfer is used, within four days of the pay date, directly to the Division of Child Support Enforcement for disbursement. All employers with at least 100 employees and all payroll processing firms with at least 50 clients shall remit payments by electronic funds transfer;","type":"section","prefixes":["B","12"],"prefix":"12","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"B13"},"14":{"id":276990,"text":"That the employer shall be deemed to have complied with the order by (i) mailing on each regular pay date of the obligor, or instance of compensation if the obligor is an independent contractor, to the Department, by first-class mail, any amount required to be deducted or (ii) submitting such amounts by electronic funds transfer transmitted within four days of the obligor’s regular pay date or instance of compensation;","type":"section","prefixes":["B","13"],"prefix":"13","entire_prefix":"B13","prefix_anchor":"B13","level":2,"prior_prefix":"B12","next_prefix":"B14"},"15":{"id":276991,"text":"That the employer and obligor shall notify the Department promptly when the obligor terminates employment and shall provide the last known address of the obligor and name and address of the new employer, if known;","type":"section","prefixes":["B","14"],"prefix":"14","entire_prefix":"B14","prefix_anchor":"B14","level":2,"prior_prefix":"B13","next_prefix":"B15"},"16":{"id":276992,"text":"That amounts withheld from multiple employees identified as such by (i) amount, (ii) name, (iii) social security number, (iv) case number if provided in the order, and (v) date payment was withheld from obligor’s income may be combined into a single payment when payable to the same payee;","type":"section","prefixes":["B","15"],"prefix":"15","entire_prefix":"B15","prefix_anchor":"B15","level":2,"prior_prefix":"B14","next_prefix":"B16"},"17":{"id":276993,"text":"No order or directive shall require employers of 10,000 or more employees to make payments other than by combined single payment to the Department’s central office in Richmond, without the employer’s express written consent, unless the order is from a support enforcement agency outside the Commonwealth;","type":"section","prefixes":["B","16"],"prefix":"16","entire_prefix":"B16","prefix_anchor":"B16","level":2,"prior_prefix":"B15","next_prefix":"B17"},"18":{"id":276994,"text":"Payment pursuant to an order issued under this section shall serve as full acquittance of the employer under any contract of employment;","type":"section","prefixes":["B","17"],"prefix":"17","entire_prefix":"B17","prefix_anchor":"B17","level":2,"prior_prefix":"B16","next_prefix":"B18"},"19":{"id":276995,"text":"Notice that any employer who fails to timely withhold payments pursuant to this section shall be liable for any amount not timely withheld;","type":"section","prefixes":["B","18"],"prefix":"18","entire_prefix":"B18","prefix_anchor":"B18","level":2,"prior_prefix":"B17","next_prefix":"B19"},"20":{"id":276996,"text":"That the employer shall provide to the employee or independent contractor a copy of the withholding order and the notice to the employee sent by the court.","type":"section","prefixes":["B","19"],"prefix":"19","entire_prefix":"B19","prefix_anchor":"B19","level":2,"prior_prefix":"B18","next_prefix":"C"},"21":{"id":276997,"text":"If the employer receives an order that (i) does not contain the obligor’s correct social security number, (ii) does not specify a single monetary amount to be withheld per regular pay period interval of the obligor, unless the obligor is an independent contractor or the order is for lump sum withholding, (iii) does not state the maximum percentage that may be withheld pursuant to § 34-29, (iv) contains information that is in conflict with the employer’s current payroll records, or (v) orders payment to an entity other than to the Department of Social Services or the Department’s designee, the employer may deposit in the mail or otherwise file a reply to that effect within five business days from service of such order. The order shall be void from transmission or filing of such reply unless the court or the Department, as applicable, finds that the reply is materially false. In addition, an employer of 10,000 or more persons may also file a reply, with like effect, if payment is ordered other than by combined single payment in the case of withholdings from multiple employees to the Department’s central office in Richmond, without the employer’s express written consent, unless the order is from a support enforcement agency outside the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B19"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-79.3\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 896 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 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 9 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 1991, chapters 651 and 694; in 1994, chapter 767<\/a>; in 1996, chapter 416<\/a>; in 1998, chapter 727<\/a>; in 2001, chapter 209<\/a>; in 2006, chapter 365<\/a>; in 2007, chapter 557<\/a>; in 2020, chapter 722<\/a>; in 2022, chapter 447<\/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":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":58663,"section_number":"20-79.2","catch_line":"Immediate income deduction; income withholding","order_by":null,"url":"\/20-79.2\/"},{"id":59512,"section_number":"63.2-1903","catch_line":"Authority to issue certain orders; civil penalty","order_by":null,"url":"\/63.2-1903\/"},{"id":69701,"section_number":"63.2-1923","catch_line":"Immediate withholding from income; exception; notices required","order_by":null,"url":"\/63.2-1923\/"},{"id":74827,"section_number":"63.2-1924","catch_line":"Withholding from income; default of administrative or judicial support order; notices required; priorities; orders from other states","order_by":null,"url":"\/63.2-1924\/"},{"id":79512,"section_number":"63.2-1924.1","catch_line":"Health care coverage; National Medical Support Notice","order_by":null,"url":"\/63.2-1924.1\/"},{"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\/"},{"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\/"}],"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":58663,"section_number":"20-79.2","catch_line":"Immediate income deduction; income withholding","order_by":null,"url":"\/20-79.2\/"},{"id":85697,"section_number":"34-29","catch_line":"Maximum portion of disposable earnings subject to garnishment","order_by":null,"url":"\/34-29\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":54048,"section_number":"63.2-1900","catch_line":"Definitions","order_by":null,"url":"\/63.2-1900\/"},{"id":53984,"section_number":"63.2-1944","catch_line":"Employee debtor rights protected; limitation","order_by":null,"url":"\/63.2-1944\/"}],"permalink":{"id":178527,"object_type":"law","relational_id":77212,"identifier":"20-79.3","token":"20\/5\/20-79.3","url":"\/20-79.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-79.3\/","token":"20\/5\/20-79.3","dublin_core":{"Title":"Information required in income deduction order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-79.3","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> Orders<\/span> for withholding from the income of an employee or independent contractor shall state and include the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The name and correct social security number of the obligor and the name and correct address of the payee; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That the employer shall withhold and pay out of the disposable income<\/span> as defined in § 63.2-100<\/a>, a single monetary amount or the maximum amount permitted under § 34-29<\/a>, whichever is less, for each regular pay period of the obligor and such payment may be by check. If the employee is an independent contractor, then the order<\/span> shall state that the employer shall withhold and pay out of the obligor’s income a single monetary amount or the maximum amount permitted under § 34-29<\/a>, whichever is less, for each instance of compensation of the obligor, once the aggregate amount of remuneration reaches $600 or more in a calendar year, and such payment may be by check; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> That the income deduction shall begin with the next regular pay period of the obligor following service of the order<\/span> on the employer, and payment shall be made at regular intervals consistent with the pay periods of the obligor, or, if the obligor is an independent contractor, the order<\/span> shall begin with the next instance of compensation of the obligor, and payment shall be made at each instance of compensation of the obligor; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A statement of the maximum percentage under § 34-29<\/a> that may be withheld from the obligor’s disposable income<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> That, to the extent required by the provisions for health care coverage contained in the order<\/span>, the employer shall (i) enroll the employee, the employee’s spouse or former spouse, and the employee’s dependent children listed in the order<\/span> as covered persons in a group health insurance plan or other similar plan providing health care services or coverage offered by the employer, without regard to enrollment season restrictions, if the subject spouse, former spouse, or children are eligible for such coverage under the employer’s enrollment provisions and (ii) deduct any required premiums from the employee’s income to pay for the insurance. If more than one plan is offered by the employer, the spouse, former spouse, or children shall be enrolled prospectively in the insurance plan in which the employee is enrolled or, if the employee is not enrolled, in the least costly plan otherwise available. The employer shall also enroll the children of an employee in the appropriate health coverage plan upon application by the children’s other parent or legal guardian or upon application by the Department of Medical Assistance Services. In each case that is being enforced by the Department of Social Services, the employer shall respond to such orders<\/span> by advising the Department in which plan the children are enrolled or if the children are ineligible for any plan through the employer. The order<\/span> to the employer shall specify either support withholdings or insurance premium deductions as having priority for the duration of the order<\/span> in the event the maximum total deduction permitted at any time by § 34-29<\/a> is insufficient to fully cover both; the employer shall consider and direct insurance premium deductions and support withholdings the same for purposes of § 34-29<\/a>. The employer shall not be held liable for any medical expenses incurred on behalf of the spouse, former spouse, or dependent children because of the employer’s failure to enroll the spouse, former spouse, or dependent children in a health care plan after being directed to do so by a court<\/span> or the Department. The employer shall not be obligated to subsequently make or change such enrollment if the group health insurance plan or other factors change after the spouse’s, former spouse’s, or child’s eligibility or ineligibility for coverage is initially determined in response to the order<\/span> for withholding. However, the employer shall not disenroll such children unless the employer (i) is provided satisfactory written evidence<\/span> that such court<\/span> or administrative order<\/span> is no longer in effect, (ii) is provided satisfactory written evidence<\/span> that the children are or will be enrolled in a comparable health coverage plan that will take effect not later than the effective date of such disenrollment, or (iii) has eliminated family health coverage for all of its employees. A one-time fee of no more than $5 may be charged by the employer to the employee for the administration of this requirement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> That a fee of up to a maximum of $5 for each reply or remittance on account of the obligor may be charged by the employer and withheld from the obligor’s income in addition to the support amount to be withheld; however, child support withholding amounts collected from unemployment insurance benefits shall not be subject to this fee; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> That the order<\/span> is binding upon the employer and obligor and withholding is to continue until further notice by order<\/span> of the court<\/span> or the Department is served, or the obligor is no longer employed, whichever occurs first; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> That the order<\/span> shall have priority over any other types of liens<\/span> created by state law<\/span> against such income, except that if there is more than one court<\/span> or administrative order<\/span> for withholding for support against an obligor, the employer shall prorate among the orders<\/span> based upon the current amounts due pursuant to more than one judicial or administrative order<\/span> or a combination thereof, with any remaining amounts prorated among the accrued arrearages, if any, to the extent that the amounts withheld, when combined, do not exceed the maximum limits imposed under § 34-29<\/a> as specified in the order<\/span> being honored; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> That the obligor’s rights are protected pursuant to § 63.2-1944<\/a> and that no employer shall discharge any employee, take disciplinary action against an employee, or terminate a contract<\/span> with or refuse to employ a person by reason of the fact<\/span> that his income has been made subject to a deduction pursuant to Chapter 19 (§ 63.2-1900<\/a> et seq.) of Title 63.2 or § 20-79.1<\/a> or 20-79.2<\/a> and an employer who discharges or takes disciplinary action against an employee or terminates a contract<\/span> with or refuses to employ any person because of an order<\/span> for withholding under these sections shall be liable for a civil fine of not more than $1,000; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> The address to which the withholding is to be sent at the Department of Social Services and the case number, if available; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> That the employer shall be liable for payments that he fails to withhold or mail as specified in the order<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> That employers shall remit payments on each regular pay date of the obligor, or instance of compensation if the obligor is an independent contractor, or, if electronic funds transfer is used, within four days of the pay date, directly to the Division of Child Support Enforcement for disbursement. All employers with at least 100 employees and all payroll processing firms with at least 50 clients shall remit payments by electronic funds transfer; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> That the employer shall be deemed to have complied with the order<\/span> by (i) mailing on each regular pay date of the obligor, or instance of compensation if the obligor is an independent contractor, to the Department, by first-class mail, any amount required to be deducted or (ii) submitting such amounts by electronic funds transfer transmitted within four days of the obligor’s regular pay date or instance of compensation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> That the employer and obligor shall notify the Department promptly when the obligor terminates employment and shall provide the last known address of the obligor and name and address of the new employer, if known; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> That amounts withheld from multiple employees identified as such by (i) amount, (ii) name, (iii) social security number, (iv) case number if provided in the order<\/span>, and (v) date payment was withheld from obligor’s income may be combined into a single payment when payable to the same payee; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> No order<\/span> or directive shall require employers of 10,000 or more employees to make payments other than by combined single payment to the Department’s central office in Richmond, without the employer’s express written consent, unless the order<\/span> is from a support enforcement agency outside the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Payment pursuant to an order<\/span> issued under this section shall serve as full acquittance of the employer under any contract<\/span> of employment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> Notice that any employer who fails to timely withhold payments pursuant to this section shall be liable for any amount not timely withheld; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> That the employer shall provide to the employee or independent contractor a copy of the withholding order<\/span> and the notice to the employee sent by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the employer receives an order<\/span> that (i) does not contain the obligor’s correct social security number, (ii) does not specify a single monetary amount to be withheld per regular pay period interval of the obligor, unless the obligor is an independent contractor or the order<\/span> is for lump sum withholding, (iii) does not state the maximum percentage that may be withheld pursuant to § 34-29<\/a>, (iv) contains information that is in conflict with the employer’s current payroll records, or (v) orders<\/span> payment to an entity other than to the Department of Social Services or the Department’s designee, the employer may deposit in the mail or otherwise file a reply to that effect within five business days from service of such order<\/span>. The order<\/span> shall be void from transmission or filing of such reply unless the court<\/span> or the Department, as applicable, finds that the reply is materially false. In addition, an employer of 10,000 or more persons may also file a reply, with like effect, if payment is ordered other than by combined single payment in the case of withholdings from multiple employees to the Department’s central office in Richmond, without the employer’s express written consent, unless the order<\/span> is from a support enforcement agency outside the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINFORMATION REQUIRED IN INCOME DEDUCTION ORDER (\u00a7 20-79.3)\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. Orders for withholding from the income of an employee or independent\ncontractor shall state and include the following:\n\n 1. The name and correct social security number of the obligor and the name and\n correct address of the payee;\n\n 2. That the employer shall withhold and pay out of the disposable income as\n defined in § 63.2-100, a single monetary amount or the maximum amount\n permitted under § 34-29, whichever is less, for each regular pay period\n of the obligor and such payment may be by check. If the employee is an\n independent contractor, then the order shall state that the employer shall\n withhold and pay out of the obligor’s income a single monetary amount or\n the maximum amount permitted under § 34-29, whichever is less, for each\n instance of compensation of the obligor, once the aggregate amount of\n remuneration reaches $600 or more in a calendar year, and such payment may be\n by check;\n\n 3. That the income deduction shall begin with the next regular pay period of\n the obligor following service of the order on the employer, and payment shall\n be made at regular intervals consistent with the pay periods of the obligor,\n or, if the obligor is an independent contractor, the order shall begin with\n the next instance of compensation of the obligor, and payment shall be made at\n each instance of compensation of the obligor;\n\n 4. A statement of the maximum percentage under § 34-29 that may be\n withheld from the obligor’s disposable income;\n\n 5. That, to the extent required by the provisions for health care coverage\n contained in the order, the employer shall (i) enroll the employee, the\n employee’s spouse or former spouse, and the employee’s dependent\n children listed in the order as covered persons in a group health insurance\n plan or other similar plan providing health care services or coverage offered\n by the employer, without regard to enrollment season restrictions, if the\n subject spouse, former spouse, or children are eligible for such coverage\n under the employer’s enrollment provisions and (ii) deduct any required\n premiums from the employee’s income to pay for the insurance. If more\n than one plan is offered by the employer, the spouse, former spouse, or\n children shall be enrolled prospectively in the insurance plan in which the\n employee is enrolled or, if the employee is not enrolled, in the least costly\n plan otherwise available. The employer shall also enroll the children of an\n employee in the appropriate health coverage plan upon application by the\n children’s other parent or legal guardian or upon application by the\n Department of Medical Assistance Services. In each case that is being enforced\n by the Department of Social Services, the employer shall respond to such\n orders by advising the Department in which plan the children are enrolled or\n if the children are ineligible for any plan through the employer. The order to\n the employer shall specify either support withholdings or insurance premium\n deductions as having priority for the duration of the order in the event the\n maximum total deduction permitted at any time by § 34-29 is insufficient\n to fully cover both; the employer shall consider and direct insurance premium\n deductions and support withholdings the same for purposes of § 34-29. The\n employer shall not be held liable for any medical expenses incurred on behalf\n of the spouse, former spouse, or dependent children because of the\n employer’s failure to enroll the spouse, former spouse, or dependent\n children in a health care plan after being directed to do so by a court or the\n Department. The employer shall not be obligated to subsequently make or change\n such enrollment if the group health insurance plan or other factors change\n after the spouse’s, former spouse’s, or child’s eligibility\n or ineligibility for coverage is initially determined in response to the order\n for withholding. However, the employer shall not disenroll such children\n unless the employer (i) is provided satisfactory written evidence that such\n court or administrative order is no longer in effect, (ii) is provided\n satisfactory written evidence that the children are or will be enrolled in a\n comparable health coverage plan that will take effect not later than the\n effective date of such disenrollment, or (iii) has eliminated family health\n coverage for all of its employees. A one-time fee of no more than $5 may be\n charged by the employer to the employee for the administration of this\n requirement;\n\n 6. That a fee of up to a maximum of $5 for each reply or remittance on account\n of the obligor may be charged by the employer and withheld from the\n obligor’s income in addition to the support amount to be withheld;\n however, child support withholding amounts collected from unemployment\n insurance benefits shall not be subject to this fee;\n\n 7. That the order is binding upon the employer and obligor and withholding is\n to continue until further notice by order of the court or the Department is\n served, or the obligor is no longer employed, whichever occurs first;\n\n 8. That the order shall have priority over any other types of liens created by\n state law against such income, except that if there is more than one court or\n administrative order for withholding for support against an obligor, the\n employer shall prorate among the orders based upon the current amounts due\n pursuant to more than one judicial or administrative order or a combination\n thereof, with any remaining amounts prorated among the accrued arrearages, if\n any, to the extent that the amounts withheld, when combined, do not exceed the\n maximum limits imposed under § 34-29 as specified in the order being\n honored;\n\n 9. That the obligor’s rights are protected pursuant to § 63.2-1944\n and that no employer shall discharge any employee, take disciplinary action\n against an employee, or terminate a contract with or refuse to employ a person\n by reason of the fact that his income has been made subject to a deduction\n pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 or §\n 20-79.1 or 20-79.2 and an employer who discharges or takes disciplinary action\n against an employee or terminates a contract with or refuses to employ any\n person because of an order for withholding under these sections shall be\n liable for a civil fine of not more than $1,000;\n\n 10. The address to which the withholding is to be sent at the Department of\n Social Services and the case number, if available;\n\n 11. That the employer shall be liable for payments that he fails to withhold\n or mail as specified in the order;\n\n 12. That employers shall remit payments on each regular pay date of the\n obligor, or instance of compensation if the obligor is an independent\n contractor, or, if electronic funds transfer is used, within four days of the\n pay date, directly to the Division of Child Support Enforcement for\n disbursement. All employers with at least 100 employees and all payroll\n processing firms with at least 50 clients shall remit payments by electronic\n funds transfer;\n\n 13. That the employer shall be deemed to have complied with the order by (i)\n mailing on each regular pay date of the obligor, or instance of compensation\n if the obligor is an independent contractor, to the Department, by first-class\n mail, any amount required to be deducted or (ii) submitting such amounts by\n electronic funds transfer transmitted within four days of the obligor’s\n regular pay date or instance of compensation;\n\n 14. That the employer and obligor shall notify the Department promptly when\n the obligor terminates employment and shall provide the last known address of\n the obligor and name and address of the new employer, if known;\n\n 15. That amounts withheld from multiple employees identified as such by (i)\n amount, (ii) name, (iii) social security number, (iv) case number if provided\n in the order, and (v) date payment was withheld from obligor’s income\n may be combined into a single payment when payable to the same payee;\n\n 16. No order or directive shall require employers of 10,000 or more employees\n to make payments other than by combined single payment to the\n Department’s central office in Richmond, without the employer’s\n express written consent, unless the order is from a support enforcement agency\n outside the Commonwealth;\n\n 17. Payment pursuant to an order issued under this section shall serve as full\n acquittance of the employer under any contract of employment;\n\n 18. Notice that any employer who fails to timely withhold payments pursuant to\n this section shall be liable for any amount not timely withheld;\n\n 19. That the employer shall provide to the employee or independent contractor\n a copy of the withholding order and the notice to the employee sent by the\n court.\n\nC. If the employer receives an order that (i) does not contain the\nobligor’s correct social security number, (ii) does not specify a single\nmonetary amount to be withheld per regular pay period interval of the obligor,\nunless the obligor is an independent contractor or the order is for lump sum\nwithholding, (iii) does not state the maximum percentage that may be withheld\npursuant to § 34-29, (iv) contains information that is in conflict with the\nemployer’s current payroll records, or (v) orders payment to an entity\nother than to the Department of Social Services or the Department’s\ndesignee, the employer may deposit in the mail or otherwise file a reply to that\neffect within five business days from service of such order. The order shall be\nvoid from transmission or filing of such reply unless the court or the\nDepartment, as applicable, finds that the reply is materially false. In\naddition, an employer of 10,000 or more persons may also file a reply, with like\neffect, if payment is ordered other than by combined single payment in the case\nof withholdings from multiple employees to the Department’s central office\nin Richmond, without the employer’s express written consent, unless the\norder is from a support enforcement agency outside the Commonwealth.\n\nHISTORY: 1990, c. 896; 1991, cc. 651, 694; 1994, c. 767; 1996, c. 416; 1998, c.\n727; 2001, c. 209; 2006, c. 365; 2007, c. 557; 2020, c. 722; 2022, c. 447.","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}}