VIRGINIA: Legislation to permit prepayment of child support obligations.

You'll recall I was sentenced to FOUR MONTHS in jail for being about
$1700 AHEAD of the court's order for child support arrearage
payments...making it illegal to prepay your child support ahead of a
court order here in Virginia.

Here's a bill currently before Virginia's General Assembly...see
subsection (g):

HOUSE BILL NO. 840
Offered January 11, 2006
Prefiled January 10, 2006

A BILL to amend and reenact § 20-60.5 of the Code of Virginia,
relating to the advance payment of support obligations.
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Patron-- Frederick
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That § 20-60.5 of the Code of Virginia is amended and reenacted as
follows:

§ 20-60.5. Support payment provisions; how paid.

A. 1. Unless otherwise directed by the Committee on District Courts, in
all cases in which payment of a support obligation arising under an
order or decree entered prior to October 1, 1985, is made by the
obligor through the office of a clerk of court, the clerk shall notify
the payee and the obligor that the obligor will be directed to pay
future support payments to the Department of Social Services as of the
date provided in the notice.

In cases transferred from the courts to the Department of Social
Services on or after October 1, 1985, the payee shall be deemed as
having executed an authorization to seek or enforce a support
obligation with the Department's Division of Child Support Enforcement
unless the payee specifically indicates that the Division's services
are not desired.

2. Unless otherwise directed by the Department of Social Services, the
notice of change in payment shall be served or sent by certified mail,
return receipt requested, and shall contain (i) the name of the payee
and, if different in whole or in part, the names of the persons to whom
an obligation of support is owed by the obligor, (ii) the name of the
obligor, (iii) the amount of the periodic support payment, the due
dates of such payments and any arrearages, (iv) the beginning date for
sending payments to the Department of Social Services, and (v) the date
by which the payee and obligor shall notify the Department of Social
Services of the election to (a) have the Department of Social Services
collect and disburse support payments together 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 the notice also
shall be transmitted to the Department of Social Services.

3. Unless otherwise directed by the Committee on District Courts, if
both the obligor and the payee request in writing to the Department of
Social Services that all support payments be made by the obligor
directly to the payee, then the Department of Social Services shall so
notify the court and the court shall enter an order to such effect. In
the event an election is taken pursuant to subdivision 2 (v) (a), the
notice of election shall have the same force and effect as an order of
the court.

4. The above provisions shall also apply to payroll deductions made
pursuant to § 20-79.1, except that only the payee and the employer
shall receive such notice.

5. The change in payment provision required by subsection A shall be
initiated by October 1, 1985, unless a different date is mutually
agreed to by the Department of Social Services and the Committee on
District Courts as to individual courts.

B. Unless a different date is mutually agreed to by the Department of
Social Services and the Committee on District Courts, all orders or
decrees for support entered on or after October 1, 1985, shall direct
that payment be made only to the payee unless one of the parties
objects, in which case the order or decree shall direct that payment be
made to or through the Department of Social Services.

C. The Department of Social Services shall promptly pay to the payee
all support payments collected by it which have been ordered by a court
to be paid to or through the Department. The Department shall pay
interest to the payee when such interest amount exceeds five dollars on
a support payment as provided in § 63.2-1951.

D. If the Department of Social Services enters into a contract with a
public or private entity for the processing of support payments, then,
except as provided in subsection E, and notwithstanding any other
provision of this section:

1. The Department shall notify the affected court of the existence of
such contract and how payments are contractually required to be made to
such contractors; and

2. The affected court shall include in all support orders (i) how
payments are required to be made to such contractors and (ii) that
payments are to be made in such manner until different payment
instructions are mailed to the person making payments by the court or
by the Department.

E. An employer of 10,000 persons or more shall not be required to make
payments other than by combined single payment to the Department's
central office in Richmond without the express written consent of the
employer, unless the order is from a support enforcement agency outside
the Commonwealth.

F. Upon any obligee's application for public assistance benefits or
child support services, the Department of Social Services may change
the payee to the Department so that payment is sent to the Department
at its address as contained in the notice of change as described in
this subsection. Upon the obligee's request that support services no
longer be provided, the Department may change the payee to the obligee
so that payment is sent to the obligee at the address provided by the
obligee as contained in the notice of change as described in this
subsection. Notice of such change shall be served on the obligor by
certified mail, return receipt requested, or in accordance with Chapter
8 (§ 8.01-285 et seq.) or Chapter 9 (§ 8.01-328 et seq.) of Title
8.01. The change described in the notice shall be effective as to all
payments paid on or after the date that notice was served regardless of
when such payments were due. Return of service shall be made to the
Department of Social Services at the location described in the notice.
Upon obtaining service of the notice on the obligor, the Department of
Social Services shall transmit a copy of such notice together with a
copy of the proof of service to the court having jurisdiction for
enforcement of the order and to the custodial parent.

G. Unless stated otherwise, whether payment is to be made to the payee
or the Department of Social Services, the obligor shall have the right
to make payments, before the date that they are due, on any support
obligation created by court order, decree, or administrative order. Any
such obligor shall sign a form stating that his obligation may increase
or decrease at any time during the period of prepayment and that he is
liable for any additional obligation. The form shall also state that
the Department of Social Services is not liable for any interest on
moneys returned to such obligor.

The Department of Social Services shall create a special fund (the
Fund) where all prepaid obligations shall be deposited. Moneys
deposited in the Fund shall be dispersed to the appropriate payee on
warrants issued by the comptroller upon the written request of the
Commissioner of the Department.

2. That the Department of Social Services shall promulgate and
administer such rules and regulations necessary to carry out the
provisions of this act.

wrote in message
ups.com...
You'll recall I was sentenced to FOUR MONTHS in jail for being about
$1700 AHEAD of the court's order for child support arrearage
payments...making it illegal to prepay your child support ahead of a
court order here in Virginia.

Here's a bill currently before Virginia's General Assembly...see
subsection (g):

HOUSE BILL NO. 840
Offered January 11, 2006
Prefiled January 10, 2006

A BILL to amend and reenact § 20-60.5 of the Code of Virginia,
relating to the advance payment of support obligations.
----------

[legal mumbo-jumbo snipped]

Great, now DOR can loose your payments ahead of time! Now there's a real
time saver.. And you can get arrested before you commit the crime. Cool.

"Dusty" wrote in message
...
wrote in message
ups.com...
You'll recall I was sentenced to FOUR MONTHS in jail for being about
$1700 AHEAD of the court's order for child support arrearage
payments...making it illegal to prepay your child support ahead of a
court order here in Virginia.

Here's a bill currently before Virginia's General Assembly...see
subsection (g):

HOUSE BILL NO. 840
Offered January 11, 2006
Prefiled January 10, 2006

A BILL to amend and reenact § 20-60.5 of the Code of Virginia,
relating to the advance payment of support obligations.
----------

[legal mumbo-jumbo snipped]

Great, now DOR can loose your payments ahead of time! Now there's a real
time saver.. And you can get arrested before you commit the crime. Cool.

I read the proposed legislation differently. What I think it means is the
state will be authorized to set up a special holding account for advanced CS
payments, deposit the money, draw interest on it, and disperse the funds
when the CS obligation accurse. And if the CS obligation changes in the
future, up or down, the obligor cannot have a claim on any interest the
state earned on the money.