{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1924.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1924.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1924.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1924.html"}],"law_id":74827,"edition_id":1,"section_id":74827,"structure_id":13468,"section_number":"63.2-1924","catch_line":"Withholding from income; default of administrative or judicial support order; notices required; priorities; orders from other states","history":"1985, c. 488, \u00a7 63.1-250.3; 1986, c. 594; 1987, cc. 640, 658, 706; 1988, c. 906; 1990, c. 896; 1995, c. 714; 1997, cc. 648, 663; 1998, c. 727; 2002, c. 747; 2003, c. 469; 2015, c. 52; 2016, c. 29.","full_text":"A\n\nAs part of every administrative support order directing a noncustodial parent to pay child or child and spousal support or by separate order at any time thereafter, provision shall be made for withholding from the income of the noncustodial parent the amount of the withholding order plus an amount to be applied toward liquidation of arrearages if the noncustodial parent fails to make payments in an amount equal to the support payable for one month. The total amount withheld shall not exceed the maximum amount permitted under § 34-29.B\n\nUpon default of an administrative or judicial support order, the Department shall serve notice on the noncustodial parent’s employer of the delinquency in accordance with the provisions of § 8.01-296, 8.01-327 or 8.01-329 or by certified mail or electronic means, including facsimile transmission, for delivery to the noncustodial parent. The notice shall inform the noncustodial parent (i) of the amount that will be withheld, (ii) that the withholding applies to any current or subsequent period of employment, (iii) of the right to contest but that the only basis for contesting the withholding is a mistake of fact, (iv) that a written request to contest the withholding must be made to the Department within 10 days of receipt of the notice, (v) of the actions that will be taken by the Department if a request to contest is noted, which shall include the opportunity to present his objections, which shall be limited to a mistake of fact, to the administrative hearing officer at a hearing held pursuant to § 63.2-1942, (vi) that a determination on the contest will be made no later than 45 days from the date of service of such notice, and (vii) that payment of overdue support upon receipt of the required notice shall not be a bar to the implementation of withholding.C\n\nThe noncustodial parent’s employer shall be issued by first-class or certified mail or by electronic means, including facsimile transmission, an administrative order for withholding of income that shall conform to § 20-79.3. The rights and responsibilities of an employer with respect to such orders are set out in § 20-79.3.D\n\nThe Department shall have the authority in the issuance of an administrative order under § 20-79.3, based on an existing court order, to convert the terms of payment to conform with the obligor’s pay period interval. The Department shall utilize the conversion formula established by the Committee on District Courts.E\n\nAdministrative orders for withholding from income shall be promptly terminated or modified by the Department when (i) the obligation to support has been satisfied and arrearages have been paid, (ii) the whereabouts of the child or child and custodial parent become unknown, or (iii) modification is appropriate because of a change in the amount of the obligation.F\n\nIf a court of competent jurisdiction or the agency operating pursuant to an approved state plan under Sections 452 and 454 of the Social Security Act, as amended, in any state, territory of the United States or the District of Columbia has ordered a person to pay child or child and spousal support, upon notice and hearing as provided in this section, the Department shall issue an order, conforming to § 20-79.3, to the noncustodial parent’s employer in this Commonwealth to withhold from the income of the noncustodial parent pursuant to a foreign support order in the same manner as provided in this section for administrative orders originating in this Commonwealth. Similar orders of the Department may be enforced in a similar manner in such other state, territory or district.","order_by":null,"text":{"0":{"id":268850,"text":"As part of every administrative support order directing a noncustodial parent to pay child or child and spousal support or by separate order at any time thereafter, provision shall be made for withholding from the income of the noncustodial parent the amount of the withholding order plus an amount to be applied toward liquidation of arrearages if the noncustodial parent fails to make payments in an amount equal to the support payable for one month. The total amount withheld shall not exceed the maximum amount permitted under § 34-29.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":268851,"text":"Upon default of an administrative or judicial support order, the Department shall serve notice on the noncustodial parent’s employer of the delinquency in accordance with the provisions of § 8.01-296, 8.01-327 or 8.01-329 or by certified mail or electronic means, including facsimile transmission, for delivery to the noncustodial parent. The notice shall inform the noncustodial parent (i) of the amount that will be withheld, (ii) that the withholding applies to any current or subsequent period of employment, (iii) of the right to contest but that the only basis for contesting the withholding is a mistake of fact, (iv) that a written request to contest the withholding must be made to the Department within 10 days of receipt of the notice, (v) of the actions that will be taken by the Department if a request to contest is noted, which shall include the opportunity to present his objections, which shall be limited to a mistake of fact, to the administrative hearing officer at a hearing held pursuant to § 63.2-1942, (vi) that a determination on the contest will be made no later than 45 days from the date of service of such notice, and (vii) that payment of overdue support upon receipt of the required notice shall not be a bar to the implementation of withholding.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":268852,"text":"The noncustodial parent’s employer shall be issued by first-class or certified mail or by electronic means, including facsimile transmission, an administrative order for withholding of income that shall conform to § 20-79.3. The rights and responsibilities of an employer with respect to such orders are set out in § 20-79.3.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":268853,"text":"The Department shall have the authority in the issuance of an administrative order under § 20-79.3, based on an existing court order, to convert the terms of payment to conform with the obligor’s pay period interval. The Department shall utilize the conversion formula established by the Committee on District Courts.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":268854,"text":"Administrative orders for withholding from income shall be promptly terminated or modified by the Department when (i) the obligation to support has been satisfied and arrearages have been paid, (ii) the whereabouts of the child or child and custodial parent become unknown, or (iii) modification is appropriate because of a change in the amount of the obligation.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":268855,"text":"If a court of competent jurisdiction or the agency operating pursuant to an approved state plan under Sections 452 and 454 of the Social Security Act, as amended, in any state, territory of the United States or the District of Columbia has ordered a person to pay child or child and spousal support, upon notice and hearing as provided in this section, the Department shall issue an order, conforming to § 20-79.3, to the noncustodial parent’s employer in this Commonwealth to withhold from the income of the noncustodial parent pursuant to a foreign support order in the same manner as provided in this section for administrative orders originating in this Commonwealth. Similar orders of the Department may be enforced in a similar manner in such other state, territory or district.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13468,"edition_id":1,"name":"Income Withholding","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12835,"metadata":{},"date_created":"2026-06-26 03:44:57","date_modified":"2026-06-26 03:44:57","permalink":{"id":272585,"object_type":"structure","relational_id":13468,"identifier":"5","token":"63.2\/V\/19\/5","url":"\/63.2\/V\/19\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12835,"edition_id":1,"name":"Child Support Enforcement","identifier":"19","label":"chapter","depth":3,"order_by":1,"parent_id":12834,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":272433,"object_type":"structure","relational_id":12835,"identifier":"19","token":"63.2\/V\/19","url":"\/63.2\/V\/19\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12834,"edition_id":1,"name":"Administrative Child Support","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":272431,"object_type":"structure","relational_id":12834,"identifier":"V","token":"63.2\/V","url":"\/63.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69701,"structure_id":13468,"section_number":"63.2-1923","catch_line":"Immediate withholding from income; exception; notices required","url":"\/63.2-1923\/","token":"63.2\/V\/19\/5\/63.2-1923","metadata":false},{"id":74827,"structure_id":13468,"section_number":"63.2-1924","catch_line":"Withholding from income; default of administrative or judicial support order; notices required; priorities; orders from other states","url":"\/63.2-1924\/","token":"63.2\/V\/19\/5\/63.2-1924","metadata":false},{"id":79512,"structure_id":13468,"section_number":"63.2-1924.1","catch_line":"Health care coverage; National Medical Support Notice","url":"\/63.2-1924.1\/","token":"63.2\/V\/19\/5\/63.2-1924.1","metadata":false},{"id":79080,"structure_id":13468,"section_number":"63.2-1925","catch_line":"Certain amount of income that may be withheld by lien or order","url":"\/63.2-1925\/","token":"63.2\/V\/19\/5\/63.2-1925","metadata":false},{"id":54433,"structure_id":13468,"section_number":"63.2-1926","catch_line":"Withholding pursuant to foreign support order","url":"\/63.2-1926\/","token":"63.2\/V\/19\/5\/63.2-1926","metadata":false}],"previous_section":{"id":69701,"structure_id":13468,"section_number":"63.2-1923","catch_line":"Immediate withholding from income; exception; notices required","url":"\/63.2-1923\/","token":"63.2\/V\/19\/5\/63.2-1923","metadata":false},"next_section":{"id":79512,"structure_id":13468,"section_number":"63.2-1924.1","catch_line":"Health care coverage; National Medical Support Notice","url":"\/63.2-1924.1\/","token":"63.2\/V\/19\/5\/63.2-1924.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1924\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 488 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 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 1986, chapter 594; in 1987, chapters 640, 658, and 706; in 1988, chapter 906; in 1990, chapter 896; in 1995, chapter 714<\/a>; in 1997, chapters 648<\/a> and 663<\/a>; in 1998, chapter 727<\/a>; in 2002, chapter 747<\/a>; in 2003, chapter 469<\/a>; in 2015, chapter 52<\/a>; in 2016, chapter 29<\/a>.<\/p>","references":[{"id":54433,"section_number":"63.2-1926","catch_line":"Withholding pursuant to foreign support order","order_by":null,"url":"\/63.2-1926\/"},{"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":64287,"section_number":"63.2-1930","catch_line":"Civil liability upon failure to comply with lien, order, etc","order_by":null,"url":"\/63.2-1930\/"},{"id":69113,"section_number":"63.2-1943","catch_line":"Appeal from decision of hearing officer","order_by":null,"url":"\/63.2-1943\/"}],"refers_to":[{"id":77212,"section_number":"20-79.3","catch_line":"Information required in income deduction order","order_by":null,"url":"\/20-79.3\/"},{"id":84160,"section_number":"63.2-1942","catch_line":"Administrative hearing on notice of debt; withholdings; orders to withhold and deliver property to debtor; set-off debt collection","order_by":null,"url":"\/63.2-1942\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"},{"id":83256,"section_number":"8.01-327","catch_line":"Acceptance of service of process","order_by":null,"url":"\/8.01-327\/"},{"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":272591,"object_type":"law","relational_id":74827,"identifier":"63.2-1924","token":"63.2\/V\/19\/5\/63.2-1924","url":"\/63.2-1924\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1924\/","token":"63.2\/V\/19\/5\/63.2-1924","dublin_core":{"Title":"Withholding from income; default of administrative or judicial support order; notices required; priorities; orders from other states","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1924","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As part of every administrative support order<\/span> directing a noncustodial parent<\/span> to pay child<\/span> or child<\/span> and spousal support or by separate order at any time thereafter, provision shall be made for withholding from the income<\/span> of the noncustodial parent<\/span> the amount of the withholding order plus an amount to be applied toward liquidation<\/span> of arrearages if the noncustodial parent<\/span> fails to make payments in an amount equal to the support payable for one month. The total amount withheld shall not exceed the maximum amount permitted under § 34-29<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon default<\/span> of an administrative or judicial support order, the Department<\/span> shall serve notice on the noncustodial parent<\/span>’s employer<\/span> of the delinquency in accordance with the provisions of § 8.01-296<\/a>, 8.01-327<\/a> or 8.01-329<\/a> or by certified mail or electronic means<\/span>, including facsimile transmission, for delivery to the noncustodial parent<\/span>. The notice shall inform the noncustodial parent<\/span> (i) of the amount that will be withheld, (ii) that the withholding applies to any current or subsequent period of employment<\/span>, (iii) of the right to contest but that the only basis for contesting the withholding is a mistake of fact<\/span>, (iv) that a written request to contest the withholding must be made to the Department<\/span> within 10 days of receipt of the notice, (v) of the actions that will be taken by the Department<\/span> if a request to contest is noted, which shall include the opportunity to present his objections, which shall be limited to a mistake of fact<\/span>, to the administrative hearing<\/span> officer at a hearing<\/span> held pursuant to § 63.2-1942<\/a>, (vi) that a determination on the contest will be made no later than 45 days from the date of service of such notice, and (vii) that payment of overdue support upon receipt of the required notice shall not be a bar to the implementation of withholding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The noncustodial parent<\/span>’s employer<\/span> shall be issued by first-class or certified mail or by electronic means<\/span>, including facsimile transmission, an administrative order<\/span> for withholding of income<\/span> that shall conform to § 20-79.3<\/a>. The rights and responsibilities of an employer<\/span> with respect to such orders<\/span> are set out in § 20-79.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> shall have the authority in the issuance of an administrative order<\/span> under § 20-79.3<\/a>, based on an existing court order<\/span>, to convert the terms of payment to conform with the obligor<\/span>’s pay period interval. The Department<\/span> shall utilize the conversion formula established by the Committee on District Courts<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Administrative orders<\/span> for withholding from income<\/span> shall be promptly terminated or modified by the Department<\/span> when (i) the obligation to support has been satisfied and arrearages have been paid, (ii) the whereabouts of the child<\/span> or child<\/span> and custodial parent<\/span> become unknown, or (iii) modification is appropriate because of a change in the amount of the obligation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If a court of competent jurisdiction<\/span> or the agency operating pursuant to an approved state plan under Sections 452 and 454 of the Social Security Act, as amended, in any state, territory of the United States or the District of Columbia has ordered a person to pay child<\/span> or child<\/span> and spousal support, upon notice and hearing<\/span> as provided in this section, the Department<\/span> shall issue<\/span> an order, conforming to § 20-79.3<\/a>, to the noncustodial parent<\/span>’s employer<\/span> in this Commonwealth to withhold from the income<\/span> of the noncustodial parent<\/span> pursuant to a foreign support order<\/span> in the same manner as provided in this section for administrative orders<\/span> originating in this Commonwealth. Similar orders of the Department<\/span> may be enforced in a similar manner in such other state, territory or district. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWITHHOLDING FROM INCOME; DEFAULT OF ADMINISTRATIVE OR JUDICIAL SUPPORT ORDER;\nNOTICES REQUIRED; PRIORITIES; ORDERS FROM OTHER STATES (\u00a7 63.2-1924)\n\nA. As part of every administrative support order directing a noncustodial parent\nto pay child or child and spousal support or by separate order at any time\nthereafter, provision shall be made for withholding from the income of the\nnoncustodial parent the amount of the withholding order plus an amount to be\napplied toward liquidation of arrearages if the noncustodial parent fails to\nmake payments in an amount equal to the support payable for one month. The total\namount withheld shall not exceed the maximum amount permitted under §\n34-29.\n\nB. Upon default of an administrative or judicial support order, the Department\nshall serve notice on the noncustodial parent’s employer of the\ndelinquency in accordance with the provisions of § 8.01-296, 8.01-327 or\n8.01-329 or by certified mail or electronic means, including facsimile\ntransmission, for delivery to the noncustodial parent. The notice shall inform\nthe noncustodial parent (i) of the amount that will be withheld, (ii) that the\nwithholding applies to any current or subsequent period of employment, (iii) of\nthe right to contest but that the only basis for contesting the withholding is a\nmistake of fact, (iv) that a written request to contest the withholding must be\nmade to the Department within 10 days of receipt of the notice, (v) of the\nactions that will be taken by the Department if a request to contest is noted,\nwhich shall include the opportunity to present his objections, which shall be\nlimited to a mistake of fact, to the administrative hearing officer at a hearing\nheld pursuant to § 63.2-1942, (vi) that a determination on the contest will\nbe made no later than 45 days from the date of service of such notice, and (vii)\nthat payment of overdue support upon receipt of the required notice shall not be\na bar to the implementation of withholding.\n\nC. The noncustodial parent’s employer shall be issued by first-class or\ncertified mail or by electronic means, including facsimile transmission, an\nadministrative order for withholding of income that shall conform to §\n20-79.3. The rights and responsibilities of an employer with respect to such\norders are set out in § 20-79.3.\n\nD. The Department shall have the authority in the issuance of an administrative\norder under § 20-79.3, based on an existing court order, to convert the\nterms of payment to conform with the obligor’s pay period interval. The\nDepartment shall utilize the conversion formula established by the Committee on\nDistrict Courts.\n\nE. Administrative orders for withholding from income shall be promptly\nterminated or modified by the Department when (i) the obligation to support has\nbeen satisfied and arrearages have been paid, (ii) the whereabouts of the child\nor child and custodial parent become unknown, or (iii) modification is\nappropriate because of a change in the amount of the obligation.\n\nF. If a court of competent jurisdiction or the agency operating pursuant to an\napproved state plan under Sections 452 and 454 of the Social Security Act, as\namended, in any state, territory of the United States or the District of\nColumbia has ordered a person to pay child or child and spousal support, upon\nnotice and hearing as provided in this section, the Department shall issue an\norder, conforming to § 20-79.3, to the noncustodial parent’s employer\nin this Commonwealth to withhold from the income of the noncustodial parent\npursuant to a foreign support order in the same manner as provided in this\nsection for administrative orders originating in this Commonwealth. Similar\norders of the Department may be enforced in a similar manner in such other\nstate, territory or district.\n\nHISTORY: 1985, c. 488, \u00a7 63.1-250.3; 1986, c. 594; 1987, cc. 640, 658, 706;\n1988, c. 906; 1990, c. 896; 1995, c. 714; 1997, cc. 648, 663; 1998, c. 727;\n2002, c. 747; 2003, c. 469; 2015, c. 52; 2016, c. 29.","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}}