SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2008 SESSION
080266336Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 20-108.3 as follows:
§ 20-108.3. Tolling of child support for incarcerated parents.
A. In any proceeding under this title, Title 16.1, or Title 63.2 on the issue of determining child support, any parent ordered to pay child support who is sentenced to a term of incarceration of at least six months during the period he is obligated to pay support may petition the court that entered the order of child support for an order or, in the case of an administrative support order entered pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2, may request a review by the Department of Social Services for a determination that his obligation to make support payments be tolled during the term of his incarceration. Upon receipt of such parent's petition or request, the court or the Department shall enter an order tolling such parent's support obligation for the duration of his incarceration, unless the court or the Department determines that the parent has the present financial ability to pay his child support obligation.
B. Nothing in this section shall preclude a court or the Department of Social Services from establishing the support obligation of a parent who is sentenced to a term of incarceration for whom no support order has previously been entered. Any order establishing such support obligation of a parent sentenced to a term of incarceration of at least six months may be tolled pursuant to subsection A upon the petition or request of the parent ordered to pay support.
C. A parent whose child support payments have been tolled pursuant to subsection A shall remain liable for any support arrearages that accrue while his support payments have been tolled. Upon such parent's release from incarceration, the court or the Department of Social Services shall order the resumption of his child support payments and shall determine the amount of his support arrearage. The order of the court or the Department shall include a plan for the payment of the parent's support arrearage. Any such order shall provide that all payments are to be credited to current child support obligations first, with any payment in excess of the current obligation applied to arrearages.
D. [ No interest, costs, fees, or other penalties
shall accrue to a parent whose child support payments have been tolled pursuant
to subsection A for the period during which child support payments were tolled.
E. ] Nothing in this section
shall preclude a parent whose child support payments have been tolled pursuant
to subsection A from seeking a modification of his child support obligation
based on a material change in circumstances upon which a modification of child
support may be based that is unrelated to his incarceration.
[ 2. That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in a general appropriations act passed by the 2008 Session of the General Assembly, which becomes law. ]