Involuntary and Voluntary Pay Deductions: Virginia

Federal law and guidance on this subject should be reviewed together with this section.

Author: Marc Smith, Smith, Lease & Goldstein, LLC

Summary

• An employer must begin withholding pursuant to a child support order no later than in the next regular pay period following the date the employer received the order. Payment of withheld amounts must be made on payday, or within four days after payday if remitted electronically. The amount of withholding is subject to the federal limits. See Child Support Withholding.
• An employee that has an unpaid debt may be required by a court to pay it off through wage withholding. An employer that is served with a creditor garnishment order against the wages of the employee must comply with the order by withholding the amount stated and remitting it according to the order. The amount that may be withheld is limited. See Creditor Garnishment Withholding.
• An employee with unpaid state taxes may be subject to wage withholding to pay off the amount of tax owed through a tax levy served on his or her employer. The employer must withhold in accordance with the levy. See Tax Levies.
• A voluntary assignment of wages is not enforceable against an employer without the employer's express written consent. Additional requirements must also be met. See Voluntary Wage Assignments.