What's New in Child Support in Virginia

Driver's License Suspension 
Wage Withholding 
Uniform Interstate Family Support Act 
Periodic Review of Child Support Orders 
Child Support Continued After 18 
Child Support Orders 
Child Support Orders - Other Caretakers 
Minimum Payment 
Imputed Income 

Child Support is an active area for new legislation. Here you will find  new amendments to the Virginia Code for 1997.


Driver's License Suspension

The Department of Social Services is now authorized to seek suspension of a person's motor vehicle, occupational or recreational license for a failure to  comply with a summons, warrant, or subpoena issued in a child support or paternity proceeding. A new bill clarifies that a restricted driver's license issued to a person whose license is suspended authorizing a person to drive in the course of his employment cannot be used as a substitute for a commercial driver's license.
 
back to top 


Wage Withholding

Authorizes the Department of Social Services to issue an order for wage withholding upon request of the obligor. The new legislation also authorizes or the clerk of court to transmit the administrative or judicial order for withholding to an employer by electronic means in lieu or certified mail or service. 

back to top


Uniform Interstate Family Support Act

Modifies the provisions governing income withholding and registration and modification of support orders. The new legislation specifies that an obligor's employer must comply with a withholding order from another state. Where all parties reside in the same state, that state may now enforce or modify a support order issued in another state using the definition and long arm provisions of UIFSA and the current home state procedural and substantive law. 

back to top


Periodic Review of Child Support Orders

Authorizes the Department of Social Services to review administrative support orders every three years, upon request, without the necessity of a showing of a change in circumstances. More frequent reviews are available only upon such a showing. 

back to top 


Child Support Continued After Age 18

Grants the juvenile courts and the circuit courts the specific authority to order that support continue for a child over the age of 18 who is permanently and severely mentally or physically disabled, unable to be self-supporting and living in the home of the recipient parent. 

back to top


Child Support Orders

Provides that when a court enters a decree for separate maintenance, it may also make a further order for child custody, visitation and support. The new legislation also allows a court to incorporate a valid agreement of the parties in an annulment,; custody visitation or support; or separate maintenance decree. 

back to top


Child Support - Other Caretakers

 Allows the Division of Child Support Enforcement to redirect child support to a caretaker, relative or individual who has physical custody of the child, so that a new order does not have to be issued every time the child's caretaker changes. 

back to top 


Child Support Minimum Payment

Requires a minimum monthly payment of $65 if the parties' combined monthly gross income is less than $599. 

back to top


Child Support: Imputed Income

Allows the Department of Social Services to rebut the child support guidelines by imputing income to either parent who is voluntarily unemployed or who fails to provide income verification upon request. Income may not be imputed if a child is not in school, if child care services are not available or if the costs of child care are not included in the basic monthly support obligation. I should be noted that the criteria for administratively imputing income are not the same as the criteria used by the courts (i.e., the Department may not impute income to a party who is voluntarily underemployed). 

back to top