Virginia SB 502: Child support enforcement; Department of Social Services to distribute support payments.

Bill Text

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2020 SESSION

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20103993D

SENATE BILL NO. 502 

Offered January 8, 2020 

Prefiled January 7, 2020 

A BILL to amend and reenact � 63.2-1954 of the Code of 
 Virginia, relating to Department of Social Services; child support enforcement; 
 distribution of support payments. 
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Patron-- Reeves 

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Referred to Committee on Rehabilitation and Social Services 

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Be it enacted by the General Assembly of Virginia:

1. That � 63.2-1954 of the Code of Virginia is amended and 
 reenacted as follows:

� 63.2-1954. Distribution of collection.

Support payments received by the Department pursuant to one or 
 more judicial or administrative orders, or a combination thereof, shall be 
 allocated among the obligees under such orders with priority given to payment 
 of the order for current support. Where payments are received pursuant to two 
 or more orders for current support, the Department shall prorate the payments 
 on the basis of any amounts due for current support under each such order. Upon 
 satisfaction of any amounts due for current support, the Department shall 
 prorate the remainder of the payments on the basis of accrued arrearages owed 
 to the obligees under each such order. Payments received pursuant to federal 
 tax refund offset shall be allocated pursuant to subsection h of 45 C.F.R. � 
 303.72.

In any case in which the 
 Department receives support payments pursuant 
 to one or more judicial or administrative orders, or a combination thereof, the 
 Department shall enter into an agreement with the obligee. Such 
 agreement shall include information regarding the Department's duty to disburse support 
 payments to the obligee and establish a date by which such disbursements 
 shall be made each month. Notice shall be given to the 
 obligor that support payments must be submitted to the Department at least two 
 business days before the date set for disbursement. All 
 support payments received by the Department shall be distributed to the obligee 
 within two business days of receipt, provided that sufficient information 
 accompanies the payment or is otherwise available to the Department within that 
 time to identify the obligee and the place to which distribution should be 
 made. If the 
 Department does not receive a support payment at least two days before the date 
 scheduled for disbursement in its agreement with the obligee, the 
 Department shall issue to the obligee a payment in 
 the amount that would have been distributed to the obligee had the obligor's support payment 
 been timely received. The 
 Department shall have the authority to use any remedies made 
 available under this chapter to recover any funds paid to 
 obligees without receipt of the obligor's support payment.

The term "business day" means any day that is not a 
 Saturday, Sunday, legal holiday or other day on which state offices are cl