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