Donahue v. Donahue

By Judge Thomas J. Middleton

This matter arises out of a divorce proceeding and came to be heard on the wife’s motion for an assignment of the husband’s entire pension, by way of a payroll deduction order, to satisfy the husband’s spousal support obligation. The issue before the court is whether the assignment is subject to the limitations of Va. Code § 34-29. For reasons set forth below, the court finds that a payroll deduction order is subject to the limitations of Va. Code § 34-29 and that a maximum of 50% of the husband’s aggregate disposable earnings may be withheld pursuant to the order.

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