20-60.5 - Support payment provisions; how paid.
§ 20-60.5. Support payment provisions; how paid.
A. 1. Unless otherwise directed by the Committee on District Courts, in allcases in which payment of a support obligation arising under an order ordecree entered prior to October 1, 1985, is made by the obligor through theoffice of a clerk of court, the clerk shall notify the payee and the obligorthat the obligor will be directed to pay future support payments to theDepartment of Social Services as of the date provided in the notice.
In cases transferred from the courts to the Department of Social Services onor after October 1, 1985, the payee shall be deemed as having executed anauthorization to seek or enforce a support obligation with the Department'sDivision of Child Support Enforcement unless the payee specifically indicatesthat the Division's services are not desired.
2. Unless otherwise directed by the Department of Social Services, the noticeof change in payment shall be served or sent by certified mail, returnreceipt requested, and shall contain (i) the name of the payee and, ifdifferent in whole or in part, the names of the persons to whom an obligationof support is owed by the obligor, (ii) the name of the obligor, (iii) theamount of the periodic support payment, the due dates of such payments andany arrearages, (iv) the beginning date for sending payments to theDepartment of Social Services, and (v) the date by which the payee andobligor shall notify the Department of Social Services of the election to (a)have the Department of Social Services collect and disburse support paymentstogether with forms and instructions for applying for such services or (b)have support payment made by the obligor directly to the payee. A copy of thenotice also shall be transmitted to the Department of Social Services.
3. Unless otherwise directed by the Committee on District Courts, if both theobligor and the payee request in writing to the Department of Social Servicesthat all support payments be made by the obligor directly to the payee, thenthe Department of Social Services shall so notify the court and the courtshall enter an order to such effect. In the event an election is takenpursuant to subdivision 2 (v) (a), the notice of election shall have the sameforce and effect as an order of the court.
4. The above provisions shall also apply to payroll deductions made pursuantto § 20-79.1, except that only the payee and the employer shall receive suchnotice.
5. The change in payment provision required by subsection A shall beinitiated by October 1, 1985, unless a different date is mutually agreed toby the Department of Social Services and the Committee on District Courts asto individual courts.
B. Unless a different date is mutually agreed to by the Department of SocialServices and the Committee on District Courts, all orders or decrees forsupport entered on or after October 1, 1985, shall direct that payment bemade only to the payee unless one of the parties objects, in which case theorder or decree shall direct that payment be made to or through theDepartment of Social Services.
C. The Department of Social Services shall promptly pay to the payee allsupport payments collected by it which have been ordered by a court to bepaid to or through the Department. The Department shall pay interest to thepayee when such interest amount exceeds five dollars on a support payment asprovided in § 63.2-1951.
D. If the Department of Social Services enters into a contract with a publicor private entity for the processing of support payments, then, except asprovided in subsection E, and notwithstanding any other provision of thissection:
1. The Department shall notify the affected court of the existence of suchcontract and how payments are contractually required to be made to suchcontractors; and
2. The affected court shall include in all support orders (i) how paymentsare required to be made to such contractors and (ii) that payments are to bemade in such manner until different payment instructions are mailed to theperson making payments by the court or by the Department.
E. An employer of 10,000 persons or more shall not be required to makepayments other than by combined single payment to the Department's centraloffice in Richmond without the express written consent of the employer,unless the order is from a support enforcement agency outside theCommonwealth.
F. Upon any obligee's application for public assistance benefits or childsupport services, the Department of Social Services may change the payee tothe Department so that payment is sent to the Department at its address ascontained in the notice of change as described in this subsection. Upon theobligee's request that support services no longer be provided, the Departmentmay change the payee to the obligee so that payment is sent to the obligee atthe address provided by the obligee as contained in the notice of change asdescribed in this subsection. Notice of such change shall be served on theobligor by certified mail, return receipt requested, or in accordance withChapter 8 (§ 8.01-285 et seq.) or Chapter 9 (§ 8.01-328 et seq.) of Title8.01. The change described in the notice shall be effective as to allpayments paid on or after the date that notice was served regardless of whensuch payments were due. Return of service shall be made to the Department ofSocial Services at the location described in the notice. Upon obtainingservice of the notice on the obligor, the Department of Social Services shalltransmit a copy of such notice together with a copy of the proof of serviceto the court having jurisdiction for enforcement of the order and to thecustodial parent.
(1985, c. 488; 1986, c. 594; 1986, Sp. Sess., cc. 1, 3; 1987, cc. 609, 658,706; 1988, c. 906; 1990, c. 836; 1991, cc. 651, 694; 1996, c. 416.)