                                 CODE OF VIRGINIA

WITHHOLDING FROM INCOME; DEFAULT OF ADMINISTRATIVE OR JUDICIAL SUPPORT ORDER;
NOTICES REQUIRED; PRIORITIES; ORDERS FROM OTHER STATES (§ 63.2-1924)

A. 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 &#xA7;
34-29.

B. Upon default of an administrative or judicial support order, the Department
shall serve notice on the noncustodial parent&#8217;s employer of the
delinquency in accordance with the provisions of &#xA7; 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 &#xA7; 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. The noncustodial parent&#8217;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 &#xA7;
20-79.3. The rights and responsibilities of an employer with respect to such
orders are set out in &#xA7; 20-79.3.

D. The Department shall have the authority in the issuance of an administrative
order under &#xA7; 20-79.3, based on an existing court order, to convert the
terms of payment to conform with the obligor&#8217;s pay period interval. The
Department shall utilize the conversion formula established by the Committee on
District Courts.

E. 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.

F. 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 &#xA7; 20-79.3, to the noncustodial parent&#8217;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.

HISTORY: 1985, c. 488, § 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.