Virginia 2022 Regular Session

Virginia House Bill HB1058

Introduced

1/12/22

Refer

1/12/22

Caption

Child support; interest on arrearages.

Impact

This legislation significantly impacts existing child support laws by clarifying and revising aspects related to the enforcement of support obligations and the liabilities of parents with overdue payments. The introduction of regulations allowing the administrative support order to become effective without a judicial hearing streamlines the enforcement process, which could enable quicker resolutions for custodial parents seeking support. Moreover, the requirement for employers to be informed about changes in a parent's employment status reiterates the importance of transparency in the collection process and aims to keep all involved parties up to date.

Summary

House Bill 1058 introduces amendments to various sections of the Code of Virginia concerning child support obligations and enforcement mechanisms. This bill provides detailed guidelines on the conditions under which support debts may be enforced, including the extent to which interest can be applied to arrearages. Notably, the bill stipulates that no judgment for child support entered after July 1, 2022, can include an amount for interest on any arrearages that have accrued after this date. This change aims to alleviate the financial burden on non-custodial parents who may struggle with accumulating interest on overdue payments.

Contention

There may be points of contention surrounding the provisions that limit the collection of interest, particularly from custodial parents who rely on these funds for support. The restriction on accruing interest may lead to frustrations among custodial parties who argue that their financial stability could be undermined. Additionally, the administrative nature of the support orders raises concerns about due process for non-custodial parents, as they may feel insufficiently protected from potentially arbitrary decisions made without judicial review. These elements are likely to spur ongoing debate among stakeholders in the child support system.