SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1998 SESSION

  • | print version

HB 1375 Domestic relations; support orders.

Introduced by: Robert F. McDonnell | all patrons    ...    notes | add to my profiles

SUMMARY:

Domestic relations; support orders. Modifies the definitional section applicable to several support enforcement provisions by adding definitions of "employer" (any source of income) and "employee" (a recipient of income) and by replacing the definition of earnings with a definition of income. "Income" is more broadly defined as any form of payment due and specifically includes dividends, severance pay, trust income, annuities, capital gains, insurance benefits, disability insurance benefits, veterans benefits, rental income, gifts, prizes and awards. Additionally, for purposes of including pension and retirement, workers' compensation and unemployment benefits as income, the requirement that payments are currently being made is eliminated.

The bill modifies several provisions governing income withholding orders. The current provisions authorizing automatic payroll deduction are expanded to cover automatic income withholding of present and future income.

Notice of the issuance of an order and the order will be sent directly to the employer ( i.e., the individual or entity from whom income is due), who will then notify and give copies to the employee. Notice by electronic means, including facsimile, is specifically authorized.

Employers are required to forward payments to the Division within four days of the employee's pay date if electronic funds transfer is used.

Finally, amendments are made to eliminate outdated portions of the section which detail the purpose of the chapter applicable to administrative enforcement of support.


FULL TEXT

HISTORY