                                 CODE OF VIRGINIA

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 (§ 63.2-1929)

A. 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 &#xA7;
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&#8217;s
lien shall be inferior to those liens created under &#xA7; 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 &#xA7; 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&#8217;s support liens does not affect
the remaining support arrearages.

B. 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 &#xA7;&#xA7; 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. 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&#8217;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.
			The decision of the hearing officer shall be in writing and shall set forth
the debtor&#8217;s rights to appeal an adverse decision of the hearing officer
pursuant to &#xA7; 63.2-1943. The decision shall be served upon the debtor in
accordance with the provisions of &#xA7; 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&#8217;s property is exempt under state or federal
laws and regulations.

D. 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 &#xA7;&#xA7; 63.2-1925 and 63.2-1933.

E. 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.

F. An order issued to an employer for withholding from the earnings of an
employee or independent contractor pursuant to this section shall conform to
&#xA7; 20-79.3. The rights and obligations of an employer with respect to the
order are set out in &#xA7; 20-79.3.

HISTORY: 1974, c. 413, § 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.