Child support; court shall recalculate obligation of obligor who is incarcerated. (HB1913)

Introduced By

Del. Mamye BaCote (D-Newport News)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Child support; incarcerated obligor. Provides that a court shall recalculate the child support obligation of an obligor who is incarcerated during the support period, the recalculation being retroactive to the date of incarceration. The bill also provides that the child support payments of a parent who is incarcerated shall be tolled during the term of incarceration. Child support payments that are tolled continue to accrue during the term of incarceration, although no interest or other penalties shall accrue, and, upon the parent's release, the amount of his support arrearages shall be calculated and a payment plan shall be established. The bill also provides that prisoners and minor obligors are exempt from various fees and costs that may be collected by the Department of Social Services in enforcing support obligations. The bill further provides that reductions in the child support arrearages owed by prisoners and minor obligors should be granted for timely payments of support. Preference for placement in work programs will be given to otherwise qualified prisoners who have child support obligations. Read the Bill »


Bill Has Failed


01/13/2009Prefiled and ordered printed; offered 01/14/09 098300424
01/13/2009Referred to Committee for Courts of Justice
01/16/2009Assigned Courts sub: Civil
01/19/2009Subcommittee recommends laying on the table by voice vote
02/10/2009Left in Courts of Justice


Marsha Maines writes:

63.2-1961. Reduction for timely payment of arrearages. THIS VIOLATES FEDERAL LAW. SEE THE BRADLEY AMENDMENT AND U.S.C TITLE 42 > CHAPTER 7 > SUBCHAPTER IV > Part D > § 666
How about "independent audits" of alleged arrears be mandated PRIOR TO a Judge certifying the "arrears" - since DCSE's computer system isn't capable of calculating arrears correctly and DCSE NEVER presents the amounts of "arrears" and "interest" and "attorney's fees" seperately as has been required by law since 1994? The "arrears" has been defined incorrectly by Judges and DCSE to inflate the claim of "debt" in order to obtain FEDERAL FUNDING...