{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1929.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1929.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1929.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1929.html"}],"law_id":67402,"edition_id":1,"section_id":67402,"structure_id":13121,"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","history":"1974, c. 413, \u00a7 63.1-256; 1975, cc. 54, 311; 1976, c. 357; 1977, c. 662; 1980, c. 243; 1983, c. 481; 1984, c. 652; 1985, c. 488; 1987, c. 640; 1988, c. 906; 1990, cc. 896, 950; 1992, c. 716; 1998, c. 727; 2002, c. 747; 2003, cc. 929, 942; 2016, c. 29; 2020, c. 722.","full_text":"A\n\nAfter notice containing an administrative support order has been served or service has been waived or accepted, an opportunity for a hearing has been exhausted, and a copy of the order furnished as provided for in § 63.2-1916, or whenever a court order for child or child and spousal support has been entered, the Commissioner is authorized to issue to any person, firm, corporation, association, or political subdivision or department of the Commonwealth orders to withhold and to deliver property of any kind, including, but not restricted to, income of the debtor, when the Commissioner has reason to believe that there is in the possession of such person, firm, corporation, association, or political subdivision or department of the Commonwealth property that is due, owing, or belonging to such debtor. The orders to withhold and to deliver shall take priority over all other debts and creditors under state law of such debtor, including the proceeds or anticipated proceeds of a personal injury or wrongful death award or settlement, except that the Department’s lien shall be inferior to those liens created under § 8.01-66.2 or 8.01-66.9, any statutory right of subrogation accruing to a health insurance provider, and the lien of the attorney representing the injured person in the personal injury or wrongful death action. However, orders to withhold and to deliver shall not take priority with respect to a prior payroll deduction or income withholding order pursuant to § 20-79.1, 20-79.2, 63.2-1923, or 63.2-1924. The Department shall have the sole authority to negotiate settlement of its liens. Settlement of the Department’s support liens does not affect the remaining support arrearages.B\n\nThe order to withhold shall also be served upon the debtor within a reasonable time thereafter, and shall state the amount of the support debt accrued. The order shall state in summary the terms of §§ 63.2-1925 and 63.2-1930 and shall be served in the manner prescribed for the service of a warrant in a civil action, by certified mail, return receipt requested, or by electronic means. The order to withhold shall advise the debtor that this order has been issued to cause the property of the debtor to be taken to satisfy the debt and advise of property that may be exempted from this order. The order shall also advise the debtor of a right to appeal such order based upon a mistake of fact and that if no appeal is made within 10 days of being served, his property is subject to be taken.C\n\nIf the debtor believes such property is exempt from this debt, within 10 days of the date of service of the order to withhold, the debtor may file an appeal to the Commissioner stating any exemptions that may be applicable. If the Commissioner receives a timely appeal, a hearing shall be promptly scheduled before a hearing officer upon reasonable notice to the obligee. The Commissioner may delegate authority to conduct the hearing to a duly qualified hearing officer who shall consider the debtor’s appeal. Action by the Commissioner under the provisions of this chapter to collect such support debt shall be valid and enforceable during the pendency of any appeal.\n\t\t\tThe decision of the hearing officer shall be in writing and shall set forth the debtor’s rights to appeal an adverse decision of the hearing officer pursuant to § 63.2-1943. The decision shall be served upon the debtor in accordance with the provisions of § 8.01-296, 8.01-327, or 8.01-329, mailed to the debtor at his last known address by certified mail, return receipt requested, or provided by electronic means or service may be waived. A copy of such decision shall also be provided to the obligee. Such decision shall establish whether the debtor’s property is exempt under state or federal laws and regulations.D\n\nAny person, firm, corporation, association, or political subdivision or department of the Commonwealth upon whom service has been made is hereby required to answer such order to withhold within 10 days, exclusive of the day of service, under oath and in writing, and shall file true answers to the matters inquired of therein. In the event that there is in the possession of any such person, firm, corporation, association, or political subdivision or department of the Commonwealth any property that may be subject to the claim of the Department, such property shall be withheld immediately upon receipt of the order to withhold, together with any additional property received by such person, firm, corporation, association, or political subdivision or department of the Commonwealth valued up to the amount of the order until receipt of an order to deliver or release. The property shall be delivered to the Commissioner upon receipt of an order to deliver; however, distribution of the property shall not be made during pendency of all appeals. Where money is due and owing under any contract of employment, express or implied, or is held by any person, firm, corporation, association, or political subdivision or department of the Commonwealth subject to withdrawal by the debtor, such money shall be delivered by remittance payable to the order of the Treasurer of Virginia. The person, firm, corporation, association, or political subdivision or department of the Commonwealth herein specified shall be entitled to receive from such debtor a fee of $5 for each answer or remittance on account of such debtor. The foregoing is subject to the exemptions contained in §§ 63.2-1925 and 63.2-1933.E\n\nDelivery to the Commissioner shall serve as full acquittance and the Commonwealth warrants and represents that it shall defend and hold harmless for such actions persons delivering money or property to the Commissioner pursuant to this chapter.F\n\nAn order issued to an employer for withholding from the earnings of an employee or independent contractor pursuant to this section shall conform to § 20-79.3. The rights and obligations of an employer with respect to the order are set out in § 20-79.3.","order_by":null,"text":{"0":{"id":244216,"text":"After notice containing an administrative support order has been served or service has been waived or accepted, an opportunity for a hearing has been exhausted, and a copy of the order furnished as provided for in § 63.2-1916, or whenever a court order for child or child and spousal support has been entered, the Commissioner is authorized to issue to any person, firm, corporation, association, or political subdivision or department of the Commonwealth orders to withhold and to deliver property of any kind, including, but not restricted to, income of the debtor, when the Commissioner has reason to believe that there is in the possession of such person, firm, corporation, association, or political subdivision or department of the Commonwealth property that is due, owing, or belonging to such debtor. The orders to withhold and to deliver shall take priority over all other debts and creditors under state law of such debtor, including the proceeds or anticipated proceeds of a personal injury or wrongful death award or settlement, except that the Department’s lien shall be inferior to those liens created under § 8.01-66.2 or 8.01-66.9, any statutory right of subrogation accruing to a health insurance provider, and the lien of the attorney representing the injured person in the personal injury or wrongful death action. However, orders to withhold and to deliver shall not take priority with respect to a prior payroll deduction or income withholding order pursuant to § 20-79.1, 20-79.2, 63.2-1923, or 63.2-1924. The Department shall have the sole authority to negotiate settlement of its liens. Settlement of the Department’s support liens does not affect the remaining support arrearages.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244217,"text":"The order to withhold shall also be served upon the debtor within a reasonable time thereafter, and shall state the amount of the support debt accrued. The order shall state in summary the terms of §§ 63.2-1925 and 63.2-1930 and shall be served in the manner prescribed for the service of a warrant in a civil action, by certified mail, return receipt requested, or by electronic means. The order to withhold shall advise the debtor that this order has been issued to cause the property of the debtor to be taken to satisfy the debt and advise of property that may be exempted from this order. The order shall also advise the debtor of a right to appeal such order based upon a mistake of fact and that if no appeal is made within 10 days of being served, his property is subject to be taken.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":244218,"text":"If the debtor believes such property is exempt from this debt, within 10 days of the date of service of the order to withhold, the debtor may file an appeal to the Commissioner stating any exemptions that may be applicable. If the Commissioner receives a timely appeal, a hearing shall be promptly scheduled before a hearing officer upon reasonable notice to the obligee. The Commissioner may delegate authority to conduct the hearing to a duly qualified hearing officer who shall consider the debtor’s appeal. Action by the Commissioner under the provisions of this chapter to collect such support debt shall be valid and enforceable during the pendency of any appeal.\n\t\t\tThe decision of the hearing officer shall be in writing and shall set forth the debtor’s rights to appeal an adverse decision of the hearing officer pursuant to § 63.2-1943. The decision shall be served upon the debtor in accordance with the provisions of § 8.01-296, 8.01-327, or 8.01-329, mailed to the debtor at his last known address by certified mail, return receipt requested, or provided by electronic means or service may be waived. A copy of such decision shall also be provided to the obligee. Such decision shall establish whether the debtor’s property is exempt under state or federal laws and regulations.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":244219,"text":"Any person, firm, corporation, association, or political subdivision or department of the Commonwealth upon whom service has been made is hereby required to answer such order to withhold within 10 days, exclusive of the day of service, under oath and in writing, and shall file true answers to the matters inquired of therein. In the event that there is in the possession of any such person, firm, corporation, association, or political subdivision or department of the Commonwealth any property that may be subject to the claim of the Department, such property shall be withheld immediately upon receipt of the order to withhold, together with any additional property received by such person, firm, corporation, association, or political subdivision or department of the Commonwealth valued up to the amount of the order until receipt of an order to deliver or release. The property shall be delivered to the Commissioner upon receipt of an order to deliver; however, distribution of the property shall not be made during pendency of all appeals. Where money is due and owing under any contract of employment, express or implied, or is held by any person, firm, corporation, association, or political subdivision or department of the Commonwealth subject to withdrawal by the debtor, such money shall be delivered by remittance payable to the order of the Treasurer of Virginia. The person, firm, corporation, association, or political subdivision or department of the Commonwealth herein specified shall be entitled to receive from such debtor a fee of $5 for each answer or remittance on account of such debtor. The foregoing is subject to the exemptions contained in §§ 63.2-1925 and 63.2-1933.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":244220,"text":"Delivery to the Commissioner shall serve as full acquittance and the Commonwealth warrants and represents that it shall defend and hold harmless for such actions persons delivering money or property to the Commissioner pursuant to this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":244221,"text":"An order issued to an employer for withholding from the earnings of an employee or independent contractor pursuant to this section shall conform to § 20-79.3. The rights and obligations of an employer with respect to the order are set out in § 20-79.3.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13121,"edition_id":1,"name":"Enforcement Remedies","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":12835,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":272607,"object_type":"structure","relational_id":13121,"identifier":"6","token":"63.2\/V\/19\/6","url":"\/63.2\/V\/19\/6\/","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":72955,"structure_id":13121,"section_number":"63.2-1927","catch_line":"Assertion of lien; effect","url":"\/63.2-1927\/","token":"63.2\/V\/19\/6\/63.2-1927","metadata":false},{"id":65828,"structure_id":13121,"section_number":"63.2-1928","catch_line":"Service of lien","url":"\/63.2-1928\/","token":"63.2\/V\/19\/6\/63.2-1928","metadata":false},{"id":67402,"structure_id":13121,"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","url":"\/63.2-1929\/","token":"63.2\/V\/19\/6\/63.2-1929","metadata":false},{"id":64287,"structure_id":13121,"section_number":"63.2-1930","catch_line":"Civil liability upon failure to comply with lien, order, etc","url":"\/63.2-1930\/","token":"63.2\/V\/19\/6\/63.2-1930","metadata":false},{"id":59733,"structure_id":13121,"section_number":"63.2-1931","catch_line":"Effect of service on banks, savings institutions, etc","url":"\/63.2-1931\/","token":"63.2\/V\/19\/6\/63.2-1931","metadata":false},{"id":56104,"structure_id":13121,"section_number":"63.2-1932","catch_line":"Data exchange agreements authorized; immunity","url":"\/63.2-1932\/","token":"63.2\/V\/19\/6\/63.2-1932","metadata":false},{"id":54155,"structure_id":13121,"section_number":"63.2-1932.1","catch_line":"Automated administrative enforcement in interstate cases","url":"\/63.2-1932.1\/","token":"63.2\/V\/19\/6\/63.2-1932.1","metadata":false},{"id":67738,"structure_id":13121,"section_number":"63.2-1933","catch_line":"Distraint, seizure and sale of property subject to liens","url":"\/63.2-1933\/","token":"63.2\/V\/19\/6\/63.2-1933","metadata":false},{"id":61523,"structure_id":13121,"section_number":"63.2-1934","catch_line":"Action for foreclosure of lien; satisfaction","url":"\/63.2-1934\/","token":"63.2\/V\/19\/6\/63.2-1934","metadata":false},{"id":59402,"structure_id":13121,"section_number":"63.2-1935","catch_line":"Satisfaction of lien after foreclosure proceedings instituted; redemption","url":"\/63.2-1935\/","token":"63.2\/V\/19\/6\/63.2-1935","metadata":false},{"id":71727,"structure_id":13121,"section_number":"63.2-1936","catch_line":"Procedures for posting security, bond or guarantee to secure payment of overdue support","url":"\/63.2-1936\/","token":"63.2\/V\/19\/6\/63.2-1936","metadata":false},{"id":86016,"structure_id":13121,"section_number":"63.2-1937","catch_line":"Applications for occupational or other license to include social security or control number; suspension upon delinquency; procedure","url":"\/63.2-1937\/","token":"63.2\/V\/19\/6\/63.2-1937","metadata":false},{"id":55671,"structure_id":13121,"section_number":"63.2-1938","catch_line":"Commissioner may release lien or order or return seized property","url":"\/63.2-1938\/","token":"63.2\/V\/19\/6\/63.2-1938","metadata":false},{"id":59915,"structure_id":13121,"section_number":"63.2-1939","catch_line":"Commissioner may make demand, file and serve liens, when payments appear in jeopardy","url":"\/63.2-1939\/","token":"63.2\/V\/19\/6\/63.2-1939","metadata":false},{"id":80175,"structure_id":13121,"section_number":"63.2-1940","catch_line":"Reporting payment arrearage information to consumer credit reporting agencies","url":"\/63.2-1940\/","token":"63.2\/V\/19\/6\/63.2-1940","metadata":false},{"id":56289,"structure_id":13121,"section_number":"63.2-1940.1","catch_line":"Publishing a most wanted delinquent parent list; coordinated arrests","url":"\/63.2-1940.1\/","token":"63.2\/V\/19\/6\/63.2-1940.1","metadata":false},{"id":57412,"structure_id":13121,"section_number":"63.2-1941","catch_line":"Additional enforcement remedies","url":"\/63.2-1941\/","token":"63.2\/V\/19\/6\/63.2-1941","metadata":false}],"previous_section":{"id":65828,"structure_id":13121,"section_number":"63.2-1928","catch_line":"Service of lien","url":"\/63.2-1928\/","token":"63.2\/V\/19\/6\/63.2-1928","metadata":false},"next_section":{"id":64287,"structure_id":13121,"section_number":"63.2-1930","catch_line":"Civil liability upon failure to comply with lien, order, etc","url":"\/63.2-1930\/","token":"63.2\/V\/19\/6\/63.2-1930","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1929\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 413 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 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 16 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 1975, chapters 54 and 311; in 1976, chapter 357; in 1977, chapter 662; in 1980, chapter 243; in 1983, chapter 481; in 1984, chapter 652; in 1985, chapter 488; in 1987, chapter 640; in 1988, chapter 906; in 1990, chapters 896 and 950; in 1992, chapter 716; in 1998, chapter 727<\/a>; in 2002, chapter 747<\/a>; in 2003, chapters 929<\/a> and 942<\/a>; in 2016, chapter 29<\/a>; in 2020, chapter 722<\/a>.<\/p>","references":[{"id":81600,"section_number":"6.2-606","catch_line":"Ownership during lifetime; garnishment, attachment, or levy","order_by":null,"url":"\/6.2-606\/"},{"id":59733,"section_number":"63.2-1931","catch_line":"Effect of service on banks, savings institutions, etc","order_by":null,"url":"\/63.2-1931\/"},{"id":59915,"section_number":"63.2-1939","catch_line":"Commissioner may make demand, file and serve liens, when payments appear in jeopardy","order_by":null,"url":"\/63.2-1939\/"},{"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":69113,"section_number":"63.2-1943","catch_line":"Appeal from decision of hearing officer","order_by":null,"url":"\/63.2-1943\/"}],"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":77212,"section_number":"20-79.3","catch_line":"Information required in income deduction order","order_by":null,"url":"\/20-79.3\/"},{"id":58910,"section_number":"63.2-1916","catch_line":"Notice of administrative support order; contents; hearing; modification","order_by":null,"url":"\/63.2-1916\/"},{"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":79080,"section_number":"63.2-1925","catch_line":"Certain amount of income that may be withheld by lien or order","order_by":null,"url":"\/63.2-1925\/"},{"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\/"},{"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\/"},{"id":57933,"section_number":"8.01-66.2","catch_line":"Lien against person whose negligence causes injury","order_by":null,"url":"\/8.01-66.2\/"},{"id":72844,"section_number":"8.01-66.9","catch_line":"Lien in favor of Commonwealth, its programs, institutions or departments on claim for personal injuries","order_by":null,"url":"\/8.01-66.9\/"}],"permalink":{"id":272617,"object_type":"law","relational_id":67402,"identifier":"63.2-1929","token":"63.2\/V\/19\/6\/63.2-1929","url":"\/63.2-1929\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1929\/","token":"63.2\/V\/19\/6\/63.2-1929","dublin_core":{"Title":"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1929","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> After notice containing an administrative support order<\/span> has been served or service has been waived or accepted, an opportunity for a hearing<\/span> has been exhausted, and a copy of the order furnished as provided for in § 63.2-1916<\/a>, or whenever a court order<\/span> for child<\/span> or child<\/span> and spousal support has been entered, the Commissioner<\/span> is authorized to issue<\/span> to any person, firm, corporation, association, or political subdivision or department<\/span> of the Commonwealth orders<\/span> to withhold and to deliver property of any kind, including, but not restricted to, income<\/span> of the debtor, when the Commissioner<\/span> has reason to believe that there is in the possession<\/span> of such person, firm, corporation, association, or political subdivision or department<\/span> of the Commonwealth property that is due, owing, or belonging to such debtor. The orders<\/span> to withhold and to deliver shall take priority over all other debts<\/span> and creditors<\/span> under state law<\/span> of such debtor, including the proceeds or anticipated proceeds of a personal injury or wrongful death award or settlement<\/span>, except that the Department<\/span>’s lien<\/span> shall be inferior to those liens<\/span> created under § 8.01-66.2<\/a> or 8.01-66.9<\/a>, any statutory right of subrogation accruing to a health insurance provider, and the lien<\/span> of the attorney representing the injured person in the personal injury or wrongful death action. However, orders<\/span> to withhold and to deliver shall not take priority with respect to a prior payroll deduction or income<\/span> withholding order pursuant to § 20-79.1<\/a>, 20-79.2<\/a>, 63.2-1923<\/a>, or 63.2-1924<\/a>. The Department<\/span> shall have the sole authority to negotiate settlement<\/span> of its liens<\/span>. Settlement<\/span> of the Department<\/span>’s support liens<\/span> does not affect the remaining support arrearages. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The order to withhold shall also be served upon the debtor within a reasonable time thereafter, and shall state the amount of the support debt<\/span> accrued. The order shall state in summary the terms of §§ 63.2-1925<\/a> and 63.2-1930<\/a> and shall be served in the manner prescribed for the service of a warrant in a civil action<\/span>, by certified mail, return receipt requested, or by electronic means<\/span>. The order to withhold shall advise the debtor that this order has been issued to cause the property of the debtor to be taken to satisfy the debt<\/span> and advise of property that may be exempted from this order. The order shall also advise the debtor of a right to appeal<\/span> such order based upon a mistake of fact<\/span> and that if no appeal<\/span> is made within 10 days of being served, his property is subject to be taken. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the debtor believes such property is exempt from this debt<\/span>, within 10 days of the date of service of the order to withhold, the debtor may file an appeal<\/span> to the Commissioner<\/span> stating any exemptions that may be applicable. If the Commissioner<\/span> receives a timely appeal<\/span>, a hearing<\/span> shall be promptly scheduled before a hearing<\/span> officer upon reasonable notice to the obligee<\/span>. The Commissioner<\/span> may delegate authority to conduct the hearing<\/span> to a duly qualified hearing<\/span> officer who shall consider the debtor’s appeal<\/span>. Action by the Commissioner<\/span> under the provisions of this chapter to collect such support debt<\/span> shall be valid and enforceable during the pendency of any appeal<\/span>.\n\t\t\tThe decision of the hearing<\/span> officer shall be in writing and shall set forth the debtor’s rights to appeal<\/span> an adverse decision of the hearing<\/span> officer pursuant to § 63.2-1943<\/a>. The decision shall be served upon the debtor in accordance with the provisions of § 8.01-296<\/a>, 8.01-327<\/a>, or 8.01-329<\/a>, mailed to the debtor at his last known address by certified mail, return receipt requested, or provided by electronic means<\/span> or service may be waived. A copy of such decision shall also be provided to the obligee<\/span>. Such decision shall establish whether the debtor’s property is exempt under state or federal laws<\/span> and regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person, firm, corporation, association, or political subdivision or department<\/span> of the Commonwealth upon whom service has been made is hereby required to answer such order to withhold within 10 days, exclusive of the day of service, under oath<\/span> and in writing, and shall file true answers to the matters inquired of therein. In the event that there is in the possession<\/span> of any such person, firm, corporation, association, or political subdivision or department<\/span> of the Commonwealth any property that may be subject to the claim of the Department<\/span>, such property shall be withheld immediately upon receipt of the order to withhold, together with any additional property received by such person, firm, corporation, association, or political subdivision or department<\/span> of the Commonwealth valued up to the amount of the order until receipt of an order to deliver or release. The property shall be delivered to the Commissioner<\/span> upon receipt of an order to deliver; however, distribution of the property shall not be made during pendency of all appeals<\/span>. Where money is due and owing under any contract<\/span> of employment<\/span>, express or implied, or is held by any person, firm, corporation, association, or political subdivision or department<\/span> of the Commonwealth subject to withdrawal by the debtor, such money shall be delivered by remittance payable to the order of the Treasurer of Virginia. The person, firm, corporation, association, or political subdivision or department<\/span> of the Commonwealth herein specified shall be entitled to receive from such debtor a fee of $5 for each answer or remittance on account of such debtor. The foregoing is subject to the exemptions contained in §§ 63.2-1925<\/a> and 63.2-1933<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Delivery to the Commissioner<\/span> shall serve as full acquittance and the Commonwealth warrants and represents that it shall defend and hold harmless for such actions persons delivering money or property to the Commissioner<\/span> pursuant to this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> An order issued to an employer<\/span> for withholding from the earnings of an employee<\/span> or independent contractor<\/span> pursuant to this section shall conform to § 20-79.3<\/a>. The rights and obligations of an employer<\/span> with respect to the order are set out in § 20-79.3<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nORDERS TO WITHHOLD AND TO DELIVER PROPERTY OF DEBTOR; ISSUANCE AND SERVICE;\nCONTENTS; RIGHT TO APPEAL; ANSWER; EFFECT; DELIVERY OF PROPERTY; BOND TO\nRELEASE; FEE; EXEMPTIONS (\u00a7 63.2-1929)\n\nA. After notice containing an administrative support order has been served or\nservice has been waived or accepted, an opportunity for a hearing has been\nexhausted, and a copy of the order furnished as provided for in §\n63.2-1916, or whenever a court order for child or child and spousal support has\nbeen entered, the Commissioner is authorized to issue to any person, firm,\ncorporation, association, or political subdivision or department of the\nCommonwealth orders to withhold and to deliver property of any kind, including,\nbut not restricted to, income of the debtor, when the Commissioner has reason to\nbelieve that there is in the possession of such person, firm, corporation,\nassociation, or political subdivision or department of the Commonwealth property\nthat is due, owing, or belonging to such debtor. The orders to withhold and to\ndeliver shall take priority over all other debts and creditors under state law\nof such debtor, including the proceeds or anticipated proceeds of a personal\ninjury or wrongful death award or settlement, except that the Department’s\nlien shall be inferior to those liens created under § 8.01-66.2 or\n8.01-66.9, any statutory right of subrogation accruing to a health insurance\nprovider, and the lien of the attorney representing the injured person in the\npersonal injury or wrongful death action. However, orders to withhold and to\ndeliver shall not take priority with respect to a prior payroll deduction or\nincome withholding order pursuant to § 20-79.1, 20-79.2, 63.2-1923, or\n63.2-1924. The Department shall have the sole authority to negotiate settlement\nof its liens. Settlement of the Department’s support liens does not affect\nthe remaining support arrearages.\n\nB. The order to withhold shall also be served upon the debtor within a\nreasonable time thereafter, and shall state the amount of the support debt\naccrued. The order shall state in summary the terms of §§ 63.2-1925\nand 63.2-1930 and shall be served in the manner prescribed for the service of a\nwarrant in a civil action, by certified mail, return receipt requested, or by\nelectronic means. The order to withhold shall advise the debtor that this order\nhas been issued to cause the property of the debtor to be taken to satisfy the\ndebt and advise of property that may be exempted from this order. The order\nshall also advise the debtor of a right to appeal such order based upon a\nmistake of fact and that if no appeal is made within 10 days of being served,\nhis property is subject to be taken.\n\nC. If the debtor believes such property is exempt from this debt, within 10 days\nof the date of service of the order to withhold, the debtor may file an appeal\nto the Commissioner stating any exemptions that may be applicable. If the\nCommissioner receives a timely appeal, a hearing shall be promptly scheduled\nbefore a hearing officer upon reasonable notice to the obligee. The Commissioner\nmay delegate authority to conduct the hearing to a duly qualified hearing\nofficer who shall consider the debtor’s appeal. Action by the Commissioner\nunder the provisions of this chapter to collect such support debt shall be valid\nand enforceable during the pendency of any appeal.\n\t\t\tThe decision of the hearing officer shall be in writing and shall set forth\nthe debtor’s rights to appeal an adverse decision of the hearing officer\npursuant to § 63.2-1943. The decision shall be served upon the debtor in\naccordance with the provisions of § 8.01-296, 8.01-327, or 8.01-329, mailed\nto the debtor at his last known address by certified mail, return receipt\nrequested, or provided by electronic means or service may be waived. A copy of\nsuch decision shall also be provided to the obligee. Such decision shall\nestablish whether the debtor’s property is exempt under state or federal\nlaws and regulations.\n\nD. Any person, firm, corporation, association, or political subdivision or\ndepartment of the Commonwealth upon whom service has been made is hereby\nrequired to answer such order to withhold within 10 days, exclusive of the day\nof service, under oath and in writing, and shall file true answers to the\nmatters inquired of therein. In the event that there is in the possession of any\nsuch person, firm, corporation, association, or political subdivision or\ndepartment of the Commonwealth any property that may be subject to the claim of\nthe Department, such property shall be withheld immediately upon receipt of the\norder to withhold, together with any additional property received by such\nperson, firm, corporation, association, or political subdivision or department\nof the Commonwealth valued up to the amount of the order until receipt of an\norder to deliver or release. The property shall be delivered to the Commissioner\nupon receipt of an order to deliver; however, distribution of the property shall\nnot be made during pendency of all appeals. Where money is due and owing under\nany contract of employment, express or implied, or is held by any person, firm,\ncorporation, association, or political subdivision or department of the\nCommonwealth subject to withdrawal by the debtor, such money shall be delivered\nby remittance payable to the order of the Treasurer of Virginia. The person,\nfirm, corporation, association, or political subdivision or department of the\nCommonwealth herein specified shall be entitled to receive from such debtor a\nfee of $5 for each answer or remittance on account of such debtor. The foregoing\nis subject to the exemptions contained in §§ 63.2-1925 and 63.2-1933.\n\nE. Delivery to the Commissioner shall serve as full acquittance and the\nCommonwealth warrants and represents that it shall defend and hold harmless for\nsuch actions persons delivering money or property to the Commissioner pursuant\nto this chapter.\n\nF. An order issued to an employer for withholding from the earnings of an\nemployee or independent contractor pursuant to this section shall conform to\n§ 20-79.3. The rights and obligations of an employer with respect to the\norder are set out in § 20-79.3.\n\nHISTORY: 1974, c. 413, \u00a7 63.1-256; 1975, cc. 54, 311; 1976, c. 357; 1977, c.\n662; 1980, c. 243; 1983, c. 481; 1984, c. 652; 1985, c. 488; 1987, c. 640; 1988,\nc. 906; 1990, cc. 896, 950; 1992, c. 716; 1998, c. 727; 2002, c. 747; 2003, cc.\n929, 942; 2016, c. 29; 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}}