Divorce can be emotionally difficult for a child. In many cases, biological parents may vie for sole or primary custody where the child lives with one parent. The non-custodial parent is then liable for paying child support. When a Virginia non-custodial parent is delinquent in paying support, his or her child may suffer financial trauma as well. Many cases of child support delinquencies are reported every year in Virginia.
Increasing delinquency rates have compelled the state to formulate a law where family court may order child support recovery by directly deducting it from the non-custodial parent's wages. Payroll deduction orders, once made, are communicated to Virginia's Division of Social Services, Division of Child Support Enforcement which then files the necessary documents relating to child support payment and sends a notice of the order to the non-custodial and custodial parents.
Implementing a payroll deduction court order is a complicated procedure and a custodial parent experiencing delinquent support payments may find it beneficial to consult a legal professional. The state's social services department first must receive a copy of the deduction order to facilitate the procedure for payment disbursement. The department then reviews the non-custodial parent's child support payment records and determines the amount owed. Payments received from wage garnishment are usually dispersed within two days of receipt. An advance authorization may also facilitate direct payment to the payee's bank account, allowing for faster access of funds.
The department may also provide parents a detailed record of child support payments. Note that the Virginia Department of Social Services is not authorized to take action against child support delinquencies without formal application. All changes in a child support payment plan must be ordered by the court. All updates, such as job changes and other details, must be made through the court as well. The department also cannot autonomously initiate any procedure for payment recovery.
Source: DSS.Virginia.gov, "Information for Parents with Court Ordered Payroll Deduction Orders (PDO) to Deduct Child Support from Income," Accessed Sept. 4, 2014
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