                                 CODE OF VIRGINIA

IMMEDIATE INCOME DEDUCTION; INCOME WITHHOLDING (§ 20-79.2)

A. For the purposes of this section, the terms &#8220;employer&#8221; and
&#8220;income&#8221; shall have the same meanings ascribed to them in &#xA7;
63.2-1900.

B. Every initial order entered on or after July 1, 1995, directing a person to
pay child support shall include a provision for immediate withholding from the
income of the obligor for the amount of the support order, plus an amount for
the liquidation of arrearages, if any, unless the obligor and either the obligee
or the Department on behalf of the obligee, agree in writing to an alternative
payment arrangement or one of the parties demonstrates and the court finds good
cause for not imposing immediate withholding. In determining whether good cause
is shown, the court shall consider the obligor&#8217;s past financial
responsibility, history of prior payment under any support order, and any other
matter that the court considers relevant to the likelihood of payment in
accordance with the support order. An alternative payment arrangement may
include but is not limited to, a voluntary income assignment pursuant to &#xA7;
20-79.1 or 63.2-1945.
			An order that modifies an initial order may include a provision for immediate
income withholding.
			The total amount withheld shall not exceed the maximum amount permitted under
&#xA7; 34-29.
			A withholding order issued to an obligor&#8217;s employer pursuant to this
section shall conform to &#xA7; 20-79.3. The rights and obligations of the
employer with respect to the order are set out in &#xA7; 20-79.3. The order
shall direct the employer to forward payments to the Department for recording
and disbursement to the obligee, or as otherwise required by law. The Department
shall not charge a fee for recording and disbursing payments when it is
providing support enforcement services to the obligee pursuant to &#xA7;
63.2-1904 or 63.2-1908.

HISTORY: 1988, c. 906; 1990, cc. 836, 896; 1991, c. 534; 1995, c. 714; 1998, c.
727; 2020, c. 722.