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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>59733</law_id><section_number>63.2-1931</section_number><catch_line>Effect of service on banks, savings institutions, etc</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>6.2-606</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="63.2">Welfare (Social Services)</unit><unit label="subtitle" level="2" order_by="1" identifier="V">Administrative Child Support</unit><unit label="chapter" level="3" order_by="1" identifier="19">Child Support Enforcement</unit><unit label="article" level="4" order_by="1" identifier="6">Enforcement Remedies</unit></structure><text>
						<section><p>Service of a <span class="dictionary">lien</span> or <span class="dictionary">orders</span> to withhold and deliver or any other notice or document authorized by this chapter on the main office or headquarters or registered agent of any bank, savings institution or other <span class="dictionary">financial institution</span> or broker-dealer as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/13.1-501/">13.1-501</a> or any other place designated by such <span class="dictionary">financial institution</span> or broker-dealer shall be effective as to any accounts, credits or other personal property (excluding property held in a safe-deposit box) of the <span class="dictionary">noncustodial parent</span> held by that institution or broker-dealer. The bank, savings institution, <span class="dictionary">financial institution</span> or broker-dealer may accept service or treat service as valid even though made at a point other than those specified above.
		Within 45 days of receipt of an answer from any bank, savings institution or other <span class="dictionary">financial institution</span> or broker-dealer indicating that a support debtor may have an interest in funds in a joint account, the <span class="dictionary">Department</span> shall serve notice of the <span class="dictionary">order</span> to withhold on all joint account holders at the address for each account holder as provided by the bank, savings institution or other <span class="dictionary">financial institution</span> or broker-dealer in the same manner as service upon the support debtor. A copy of the notice shall be served on the <span class="dictionary">financial institution</span> or broker-dealer by certified mail, return receipt requested. Each account holder may <span class="dictionary">appeal</span> the action to a <span class="dictionary">hearing</span> officer as provided in &#xA7;&#xA0;<a class="law" 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" href="/63.2-1929/">63.2-1929</a>. However, the <span class="dictionary">issue</span> to be determined by the <span class="dictionary">hearing</span> officer is limited to whether the support debtor has any interest in the joint account which is being held based on the support debtor&#x2019;s contribution to the account. Upon satisfactory proof that the support debtor has no interest in the joint account, the <span class="dictionary">Department</span> shall release the <span class="dictionary">order</span> to withhold. Upon receipt of the copy of the notice to the joint account holders, the <span class="dictionary">financial institution</span> or broker-dealer shall treat the initial <span class="dictionary">order</span> to withhold as continuing in effect over the entire property being withheld until a release or <span class="dictionary">order</span> to deliver is served by the <span class="dictionary">Department</span> or until the ninety-day period set forth in the following paragraph expires. If the <span class="dictionary">financial institution</span> or broker-dealer does not receive a copy of the notice to the joint account holders within 45 days from delivery of its answer, it may treat the <span class="dictionary">order</span> to withhold as released.
		Upon the determination that the support debtor has some interest in the joint account, the <span class="dictionary">Department</span> shall initiate a <span class="dictionary">petition</span> in the general district <span class="dictionary">court</span> or in the <span class="dictionary">circuit</span> <span class="dictionary">court</span>, if the joint account and the amount claimed against the support debtor each exceed $10,000, for the <span class="dictionary">jurisdiction</span> in which the support debtor or any joint account owner resides in <span class="dictionary">order</span> that the <span class="dictionary">court</span> may make a determination of the extent of the interest of the support debtor in the joint account, based on the amount the support debtor contributed to the account. If the support debtor and all account owners are nonresidents, <span class="dictionary">venue</span> shall be where the support <span class="dictionary">obligee</span> resides or where the property is located. In cases where the joint account is owned by persons married to each other, the funds in the account shall belong to them equally unless there is clear and convincing <span class="dictionary">evidence</span> otherwise. The <span class="dictionary">Department</span> shall serve a copy of the <span class="dictionary">petition</span> on the <span class="dictionary">financial institution</span> or broker-dealer by certified mail, return receipt requested. If the <span class="dictionary">financial institution</span> or broker-dealer does not receive a copy of the <span class="dictionary">petition</span> within ninety days of receipt of the notice to the joint account holders, it may treat the <span class="dictionary">order</span> to withhold as released.
		Notwithstanding service or receipt of such <span class="dictionary">order</span> of support, the <span class="dictionary">financial institution</span> may pay any check deposited with it or another <span class="dictionary">financial institution</span> on or before the date of service or receipt of the <span class="dictionary">order</span> of support on it.</p></section></text><history>1988, cc. 795, 906, &#xA7; 63.1-260.1; 1990, c. 950; 1992, c. 111; 2002, c. 747; 2009, c. 125.</history><metadata></metadata></law>
