Virginia Lawyers Weekly

Low-income parents of dependent children would get a break in garnishment proceedings under a bill introduced for the 2009 Virginia General Assembly session.

House Bill 1668 would offer garnishment exemptions, starting with $51 a week for one child, for parents of children where the household gross income does not exceed $4,000 per month.

Del. Terry G. Kilgore, R-Gate City, introduced the bill to help working parents trying to keep their heads above water while dealing with the bill collector. “It’s truly going to help those who are working hard and trying to raise a family,” he said.

Kilgore said he worked with the Virginia Poverty Law Center to develop the legislation.

The exemptions would be available to a parent supporting a child or children residing at home without any child support payments where the household gross income does not exceed $4,000 a month. The parent could exempt from garnishment specific amounts for the support of the child or children: $51 per week for one child, $79 for two children, and $99 for three children.

The court would be authorized to add additional sums “as necessary” for the support of additional children.

Patrick T. Keith, a Richmond lawyer who represents consumers and debtors, applauded Kilgore’s proposal.

“This amendment seems prudent,” he said. “Certainly a low-income debtor that is supporting children will need to retain additional income to support those children. The amounts to be exempted are not excessive, but would certainly help to provide for the children’s basic needs.”

Virginia law already protects child support payments from garnishment. Kilgore’s bill also would add language to limit that protection to child support payments made “pursuant to a court or administrative order.”

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