Statutes: Virgin Islands, U.S.

(a) Except as provided in subsection (b) of this section, every order of child support or child support in conjunction with spousal or former spousal support entered or modified by the Superior Court or an administrative hearing officer shall include a provision that the child support obligation of the order be enforced through immediate income withholding upon any current or future income source (as defined in section 341(e) of this chapter) due to the obligor. The support order shall require that an amount be withheld to pay the current child support obligation and, if applicable, said order shall include an amount to be applied toward the liquidation of support arrearages and for the reimbursement of paternity testing costs. Any child support order entered prior to the effective date of this section and modified heretoafter shall be subject to the immediate income withholding provisions of this section.

(b) Immediate income withholding shall not apply in those support actions in which the obligor and obligee agree in writing to an alternative arrangement, or in which either the obligor or obligee demonstrates and the Superior Court or administrative hearing officer finds good cause for establishing an alternative arrangement based on the best interest of the child, and, if applicable, based on a finding that past support payments were timely made. If a child support order does not provide for immediate income withholding, due to the application of one of the above-cited exceptions or due to the fact that the child support order was entered and last modified prior to the effective date of this section, income withholding shall then be initiated pursuant to the procedures set forth in sections 355 through 366 of this chapter, without amendment to the support order or further court or administrative action, and without regard to any alternative arrangements entered into by the parties

(1) on the date an arrearage equal to the amount of support payable for one (1) month occurs; or

(2) on the date which an obligor makes a request that withholding begin; or

(3) on the date on which the obligee makes a request that withholding begin, and the Title IV-D Agency determines in accordance with its procedures and standards that the request should be approved.

The total amount of income to be withheld pursuant to any income withholding order issued under subsection (a) or (b) of this section shall not exceed the maximum amount permitted under section 303(b) of the Federal Consumer Credit Protection Act (15 U.S.C. 1673(b)).

(c) In all child support actions to which the Title IV-D Agency is a party, the Title IV-D Agency shall process an immediate income withholding provision immediately after an order requiring same has been issued pursuant to subsection (a) of this section, according to the employer notice provisions set forth in section 357 of this chapter; or if income withholding is initiated pursuant to subsection (b) of this section, according to the applicable notice provisions and procedures set forth in sections 355 through 366 of this chapter. In child support actions to which the Title IV-D Agency is not a party, either the obligee or obligor may apply for income withholding to be initiated by and through the Title IV-D Agency according to procedures established by said Agency. The Title IV-D Agency shall also establish procedures for promptly terminating any withholding issued pursuant to this section whenever appropriate, and for promptly refunding amounts which have been improperly withheld.

(d) All orders issued pursuant to this section shall include information on the obligor’s employment, if employed, and health insurance, if available, as required by section 371 of this chapter and shall include a provision requiring the obligor to keep the Title IV-D agency informed of any changes to the name and address of his or her employer or changes in his or her health insurance coverage, whenever appropriate, and within ten (10) days of any change.