                                 CODE OF VIRGINIA

SUPPORT PAYMENT PROVISIONS; HOW PAID (§ 20-60.5)

A. 1. Unless otherwise directed by the Committee on District Courts, in all
cases in which payment of a support obligation arising under an order or decree
entered prior to October 1, 1985, is made by the obligor through the office of a
clerk of court, the clerk shall notify the payee and the obligor that the
obligor will be directed to pay future support payments to the Department of
Social Services as of the date provided in the notice.
			In cases transferred from the courts to the Department of Social Services on
or after October 1, 1985, the payee shall be deemed as having executed an
authorization to seek or enforce a support obligation with the
Department&#8217;s Division of Child Support Enforcement unless the payee
specifically indicates that the Division&#8217;s services are not desired.

   2. Unless otherwise directed by the Department of Social Services, the notice
   of change in payment shall be served or sent by certified mail, return receipt
   requested, and shall contain (i) the name of the payee and, if different in
   whole or in part, the names of the persons to whom an obligation of support is
   owed by the obligor, (ii) the name of the obligor, (iii) the amount of the
   periodic support payment, the due dates of such payments and any arrearages,
   (iv) the beginning date for sending payments to the Department of Social
   Services, and (v) the date by which the payee and obligor shall notify the
   Department of Social Services of the election to (a) have the Department of
   Social Services collect and disburse support payments together with forms and
   instructions for applying for such services or (b) have support payment made
   by the obligor directly to the payee. A copy of the notice also shall be
   transmitted to the Department of Social Services.

   3. Unless otherwise directed by the Committee on District Courts, if both the
   obligor and the payee request in writing to the Department of Social Services
   that all support payments be made by the obligor directly to the payee, then
   the Department of Social Services shall so notify the court and the court
   shall enter an order to such effect. In the event an election is taken
   pursuant to subdivision 2 (v)(a), the notice of election shall have the same
   force and effect as an order of the court.

   4. The above provisions shall also apply to payroll deductions made pursuant
   to &#xA7; 20-79.1, except that only the payee and the employer shall receive
   such notice.

   5. The change in payment provision required by subsection A shall be initiated
   by October 1, 1985, unless a different date is mutually agreed to by the
   Department of Social Services and the Committee on District Courts as to
   individual courts.

B. Unless a different date is mutually agreed to by the Department of Social
Services and the Committee on District Courts, all orders or decrees for support
entered on or after October 1, 1985, shall direct that payment be made only to
the payee unless one of the parties objects, in which case the order or decree
shall direct that payment be made to or through the Department of Social
Services.

C. The Department of Social Services shall promptly pay to the payee all support
payments collected by it which have been ordered by a court to be paid to or
through the Department. The Department shall pay interest to the payee when such
interest amount exceeds $5 on a support payment as provided in &#xA7; 63.2-1951.

D. If the Department of Social Services enters into a contract with a public or
private entity for the processing of support payments, then, except as provided
in subsection E, and notwithstanding any other provision of this section:

   1. The Department shall notify the affected court of the existence of such
   contract and how payments are contractually required to be made to such
   contractors; and

   2. The affected court shall include in all support orders (i) how payments are
   required to be made to such contractors and (ii) that payments are to be made
   in such manner until different payment instructions are mailed to the person
   making payments by the court or by the Department.

E. An employer of 10,000 persons or more shall not be required to make payments
other than by combined single payment to the Department&#8217;s central office
in Richmond without the express written consent of the employer, unless the
order is from a support enforcement agency outside the Commonwealth.

F. Upon any obligee&#8217;s application for public assistance benefits or child
support services, the Department of Social Services may change the payee to the
Department so that payment is sent to the Department at its address as contained
in the notice of change as described in this subsection. Upon the
obligee&#8217;s request that support services no longer be provided, the
Department may change the payee to the obligee so that payment is sent to the
obligee at the address provided by the obligee as contained in the notice of
change as described in this subsection. Notice of such change shall be served on
the obligor by certified mail, return receipt requested, by electronic means, or
in accordance with Chapter 8 (&#xA7; 8.01-285 et seq.) or Chapter 9 (&#xA7;
8.01-328 et seq.) of Title 8.01. The change described in the notice shall be
effective as to all payments paid on or after the date that notice was served
regardless of when such payments were due. Return of service shall be made to
the Department of Social Services at the location described in the notice. Upon
obtaining service of the notice on the obligor, the Department of Social
Services shall transmit a copy of such notice together with a copy of the proof
of service to the court having jurisdiction for enforcement of the order and to
the custodial parent.

HISTORY: 1985, c. 488; 1986, c. 594; 1986, Sp. Sess., cc. 1, 3; 1987, cc. 609,
658, 706; 1988, c. 906; 1990, c. 836; 1991, cc. 651, 694; 1996, c. 416; 2016, c.
29.