§§ 20-1 through 20-12.

Repealed by Acts 1984, c. 140.

§ 20-13. License and solemnization required.

Every marriage in this Commonwealth shall be under a license and solemnized in the manner herein provided.

(Code 1919, § 5071.)

Cross references. - As to making a false entry in a marriage register, etc., see § 18.2-207 .

As to making a false statement or giving false information to be used for the purpose of making a marriage record or registration, see § 18.2-208 .

Law review. - For note, "Estop in the Name of Love: A Case for Constructive Marriage in Virginia," see 49 Wm. & Mary L. Rev. 973 (2007).

Research References. - Family Law and Practice (Matthew Bender). Rutkin.

Family Law Litigation Guide with Forms: Discovery, Evidence, Trial Practice (Matthew Bender).

Friend's Virginia Pleading and Practice (Matthew Bender). Chapter 28 Domestic Actions. § 28.02 Marriage. Friend.

Harrison on Wills & Administration for Virginia and West Virginia (Matthew Bender). Chapter 2 Dower and Curtesy. § 2.09 Marriage. Cox.

§ 20-13.1.

Repealed by Acts 1995, c. 355, cl. 2.

§ 20-14. By whom license to be issued.

Every license for a marriage shall be issued by the clerk or deputy clerk of a circuit court of any county or city. If from any cause neither the clerk nor his deputy is able to issue the license, it may be issued by the judge of the circuit court of such county, or city, who shall make return thereof to the clerk as soon as there may be one.

(Code 1919, § 5072; 1924, p. 398; 1948, p. 107; 1968, c. 318; 1977, c. 102; 1995, c. 355.)

Law review. - For 1995 survey of domestic relations, see 29 U. Rich. L. Rev. 993 (1995).

§ 20-14.1. Duration of license; issuance of additional licenses.

Every marriage license issued under § 20-14 shall constitute authority for a period of only sixty days from the date of issuance for the solemnization of a marriage of the licensees. Whenever such sixty-day period shall have elapsed without the solemnization of a marriage of the licensees, the license shall expire.

The provisions of this section shall not be construed to prevent licensees from applying for or receiving an additional license, either before or after expiration of any license, but no new license shall be issued except in compliance with all provisions of law applicable to the issuance of a license in the first instance.

(1958, c. 8; 1968, c. 318.)

§ 20-14.2.

Repealed by Acts 2012, c. 802, cl. 2.

Editor's note. - Former § 20-14.2 , pertaining to health information to be furnished to applicants for license, derived from Acts 1972, c. 600; 1978, c. 567; 1987, c. 42; 1999, c. 582.

§ 20-15. Tax on license.

On each marriage license issued under § 20-14 there is hereby levied a license tax of $20, which tax shall be collected by the clerk when the license is issued and accounted for as in the case of other state taxes collected by him. Ten dollars of this license tax shall be allocated to the Virginia Department of Social Services for the purpose of providing services to victims of domestic violence.

(Code 1919, § 5072; 1924, p. 398; 1948, p. 107; 1975, c. 119; 1982, c. 305; 1993, c. 887; 2004, c. 375.)

The 2004 amendments. - The 2004 amendment by c. 375 substituted "$20" for "twenty dollars" in the first sentence and added the second sentence.

§ 20-16. Issuance of marriage licenses and marriage certificates.

The clerk issuing any marriage license shall require the parties contemplating marriage to state, under oath, the information required to complete the application for marriage license. The parties shall be able to designate themselves on the application for marriage license as spouse, bride, or groom. The clerk shall provide the parties with two copies of the marriage certificate to be completed by the marriage officiant, who shall return the completed certificates to the clerk after the marriage ceremony of the parties. The clerk shall retain one copy of the completed marriage certificate and provide the other copy to the State Registrar of Vital Records. The clerk may provide the parties with a commemorative marriage certificate and the parties may request a certified copy of the official marriage certificate as provided in Article 7 (§ 32.1-270 et seq.) of Chapter 7 of Title 32.1. For the purposes of this section any statement made by such applicant, under oath, concerning the information to be entered on the application for marriage license is hereby declared to be a material matter or thing in any prosecution for perjury for any violation of this section.

(Code 1919, § 5074; 1928, p. 314; 1938, p. 151; 1968, c. 318; 2015, c. 708.)

The 2015 amendments. - The 2015 amendment by c. 708 rewrote the section, which read "The clerk issuing any marriage license shall before issuing the license require the parties contemplating marriage to state, under oath, or by affidavit or affidavits filed with him, made by the parties for whom the application is made, before a person qualified to take acknowledgments or administer oaths, the information required to complete the marriage record. Such clerk shall make two certificates thereof and deliver them, together with the license, to the person entitled thereto. For the purposes of this section any statement made by such applicant, under oath, concerning the information to be entered on the record is hereby declared to be a material matter or thing in any prosecution for perjury for any violation of this section."

§ 20-16.1. Clerk authorized to amend marriage records.

The clerk (i) may, on his own authority, correct marriage records established in his office by amending the same upon application under oath and submission of evidence deemed by the clerk to be adequate and sufficient and (ii) shall correct such records upon order of the court in which the marriage record was established. Upon correction of a marriage record the clerk shall forward to the State Registrar a certified copy of the corrected marriage record.

(1988, c. 54.)

OPINIONS OF THE ATTORNEY GENERAL

License mandatory. - A court may not direct a circuit court clerk to issue marriage licenses retrospectively when marriages were not performed under a license of marriage. See opinion of Attorney General to The Honorable John T. Frey, Fairfax Circuit Court Clerk, 09-072, 2009 Va. AG LEXIS 50 (12/10/09).

§§ 20-17 through 20-19.

Repealed by Acts 1968, c. 318.

§ 20-20. Clerk to file license and certificate; indexing names of parties; certified copies as evidence.

The clerk to whom the license and certificate are returned, shall file and preserve the original in his office, and make an index of the names of both of the parties married.

When the certificates of such person celebrating such marriage are returned to the clerk, and recorded as provided in this section and § 32.1-267 , copies of the same properly certified by the clerk lawfully having the custody thereof or properly certified by the State Registrar of Vital Records shall be prima facie evidence of the facts therein set forth in all courts of this Commonwealth.

(Code 1919, §§ 5074, 5076; 1928, p. 315; 1938, p. 152; 1968, c. 318.)

Editor's note. - At the direction of the Virginia Code Commission, substituted "State Registrar of Vital Records" for "State Registrar of Vital Statistics."

§ 20-21. Clerk to furnish attorney for the Commonwealth list of licenses not returned by minister.

It shall be the duty of every clerk issuing marriage licenses no later than March 31 of each year to furnish to the attorney for the Commonwealth of his county or city a list of all marriage licenses issued during the preceding calendar year that have not been returned by the minister or other person celebrating the marriage.

(Code 1919, § 5074; 1928, p. 314; 1938, p. 151; 2000, cc. 31, 214.)

The 2000 amendments. - The 2000 amendments by cc. 31 and 214 are identical, and rewrote the section.

OPINIONS OF THE ATTORNEY GENERAL

License mandatory. - A court may not direct a circuit court clerk to issue marriage licenses retrospectively when marriages were not performed under a license of marriage. See opinion of Attorney General to The Honorable John T. Frey, Fairfax Circuit Court Clerk, 09-072, 2009 Va. AG LEXIS 50 (12/10/09).

§ 20-22. Attorney for the Commonwealth to ascertain before circuit court name of minister failing to return certificates.

It shall be the duty of the attorney for the Commonwealth for each county and city, upon the receipt from the clerk of the list required by § 20-21 , to have such person or persons as he may think proper summoned before the circuit court of his county or city to ascertain the name of the minister or other person celebrating such marriage and failing to return the license and certificates to the clerk as required by § 32.1-267 .

(Code 1919, § 5074; 1928, p. 314; 1938, p. 151; 1979, c. 502.)

§ 20-23. Order authorizing ministers to perform ceremony.

When a minister of any religious denomination produces before the circuit court of any county or city in the Commonwealth, or before the judge of such court or before the clerk of such court at any time, proof of his ordination and of his being in regular communion with the religious society of which he is a reputed member, or proof that he is commissioned to pastoral ministry or holds a local minister's license and is serving as a regularly appointed pastor in his denomination, such court, or the judge thereof, or the clerk of such court at any time, may make an order authorizing such minister to celebrate the rites of matrimony in the Commonwealth. Any order made under this section may be rescinded at any time by the court or by the judge thereof. No oath shall be required of a minister authorized to celebrate the rites of matrimony, nor shall such minister be considered an officer of the Commonwealth by virtue of such authorization.

(Code 1919, §§ 5079, 5080; 1962, c. 362; 1980, c. 154; 1981, c. 295; 2012, c. 565; 2016, c. 611.)

The 2012 amendments. - The 2012 amendment by c. 565 inserted "is commissioned to pastoral ministry or" in the first sentence.

The 2016 amendments. - The 2016 amendment by c. 611, in the first sentence, substituted "produces" for "shall produce" and substituted "the Commonwealth" for "this Commonwealth" twice and added the last sentence.

Research References. - Virginia Forms (Matthew Bender). No. 2-1613. Order Authorizing a Minister to Celebrate the Rites of Marriage.

§ 20-24. Penalty for failure to certify record of marriage.

If any minister, authorized to celebrate rites of marriage under § 20-23 , shall fail to comply with § 32.1-267 , he shall be subject to forfeit twenty-five dollars.

(Code 1919, § 5093; 1979, c. 502; 1981, c. 298.)

§ 20-25. Persons other than ministers who may perform rites.

Upon petition filed with the clerk and payment of applicable clerk's fees, any circuit court judge may issue an order authorizing one or more persons resident in the circuit in which the judge sits to celebrate the rites of marriage in the Commonwealth. Any person so authorized shall, before acting, enter into bond in the penalty of $500, with or without surety, as the court may direct. Any order made under this section may be rescinded at any time. No oath shall be required of a person authorized to celebrate the rites of marriage, nor shall such person be considered an officer of the Commonwealth by virtue of such authorization.

Any judge or justice of a court of record, any judge of a district court, any retired judge or justice of the Commonwealth, any active, senior, or retired federal judge or justice who is a resident of the Commonwealth, and any current (i) member of the General Assembly, (ii) Governor of Virginia, (iii) Lieutenant Governor of Virginia, and (iv) Attorney General of Virginia may celebrate the rites of marriage anywhere in the Commonwealth without the necessity of bond or order of authorization.

(Code 1919, § 5080; 1938, c. 152; 1981, c. 295; 1981, Sp. Sess., c. 15; 1983, c. 64; 1985, c. 195; 1987, c. 149; 2003, c. 228; 2004, cc. 612, 680; 2012, c. 802; 2016, c. 611; 2021, Sp. Sess. I, c. 87.)

Cross references. - As to incompatibility of district court judge serving as marriage celebrant appointed by the circuit court, see § 16.1-69.19.

The 2003 amendments. - The 2003 amendment by c. 228 rewrote the section.

The 2004 amendments. - The 2004 amendments by c. 612, effective April 12, 2004, and c. 680, effective July 1, 2004, are identical, and in the first sentence of the first paragraph, substituted "circuit in" for "jurisdiction in" and "the Commonwealth" for "such jurisdiction."

The 2012 amendments. - The 2012 amendment by c. 802 added "Upon petition filed with the clerk and payment of applicable clerk's fees," at the beginning of the first paragraph.

The 2016 amendments. - The 2016 amendment by c. 611, in the first paragraph, added the last sentence, and in the last paragraph, substituted "district court, any retired judge or justice of the Commonwealth, and any active" for "district court or, any retired judge or justice of the Commonwealth or, any active."

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 87, effective July 1, 2021, inserted "and any current (i) member of the General Assembly, (ii) Governor of Virginia, (iii) Lieutenant Governor of Virginia, and (iv) Attorney General of Virginia" in the second paragraph and made a related change.

Law review. - For 2003/2004 survey of family and juvenile law, see 39 U. Rich. L. Rev. 241 (2004).

Research References. - Virginia Forms (Matthew Bender). No. 2-1613. Order Authorizing a Minister to Celebrate the Rites of Marriage.

Applied in Cramer v. Commonwealth, 214 Va. 561 , 202 S.E.2d 911 (1974).

OPINIONS OF THE ATTORNEY GENERAL

Persons appointed as marriages celebrants under § 20-25 before July 1, 2003, may continue to perform marriages throughout the Commonwealth and are not limited by the 2003 amendment to that statute to their resident jurisdiction. See opinion of Attorney General to The Honorable Michael D. Wolfe, Clerk, Circuit Court of Alleghany County, 03-082 (10/10/03).

Persons appointed by court order on or after July 1, 2003, are limited to performing marriages in their resident jurisdiction, and a change of residence to another jurisdiction will terminate the authority of a celebrant to perform marriages in the former resident jurisdiction. See opinion of Attorney General to The Honorable Michael D. Wolfe, Clerk, Circuit Court of Alleghany County, 03-082 (10/10/03).

Authority to perform the rites of matrimony. - The authority vested in a minister or other person authorized to perform the rites of matrimony in Virginia does not extend to a celebration of marriage under a Virginia marriage license when the ceremony is conducted outside the territorial boundaries of the Commonwealth of Virginia. See opinion of Attorney General to The Honorable Michele B. McQuigg, Prince William County Circuit Court Clerk, 10-025, 2010 Va. AG LEXIS 28 (5/18/10).

Retired judge. - A retired judge may perform marriages, even if he has voluntarily had his name removed from the Supreme Court's recall list; he is still a "retired judge" so long as he remains in good standing with the Supreme Court of Virginia, and is a "public official" subject to possible recall under §§ 16.1-69.22:1 or 17.1-106 . See opinion of Attorney General to The Honorable Colleen K. Killilea, Judge, Williamsburg/James City County General District Court, 15-044, 2016 Va. AG LEXIS 15 (9/1/16).

§ 20-26. Marriage between members of religious society having no minister.

Marriages between persons belonging to any religious society which has no ordained minister, may be solemnized by the persons and in the manner prescribed by and practiced in any such society. One person chosen by the society shall be responsible for completing the certification of marriage in the same manner as a minister or other person authorized to perform marriages; such person chosen by the society for this purpose shall be required to execute a bond in the penalty of $500, with surety. No oath shall be required of a person authorized to celebrate the rites of marriage, nor shall such person be considered an officer of the Commonwealth by virtue of such authorization.

(Code 1919, § 5081; 1968, c. 318; 1981, c. 295; 2016, c. 611.)

The 2016 amendments. - The 2016 amendment by c. 611 added the last sentence.

Research References. - Virginia Forms (Matthew Bender). No. 2-1613. Order Authorizing a Minister to Celebrate the Rites of Marriage.

Applied in Cramer v. Commonwealth, 214 Va. 561 , 202 S.E.2d 911 (1974).

CIRCUIT COURT OPINIONS

Constitutionality. - Bond requirement of § 20-26 was unconstitutional; further, the one person requirement was insufficiently narrowly tailored as required by the Equal Protection Clause and thus § 20-26 unconstitutionally discriminated against the members on the basis of their religion. The members were found to have been appropriate individuals to perform wedding ceremonies. In re Dhanoa, 86 Va. Cir. 373, 2013 Va. Cir. LEXIS 18 (Fairfax County Mar. 29, 2013).

Authorization to perform marriages. - Members could not have been approved to perform marriages under § 20-23 because they were of the Sikh faith, there were no ministers or leaders in Sikhism, and this type of religious structure could not have had individuals approved under § 20-23 ; however, § 20-26 applied. In re Dhanoa, 86 Va. Cir. 373, 2013 Va. Cir. LEXIS 18 (Fairfax County Mar. 29, 2013).

§ 20-27. Fee for celebrating marriage.

Any person authorized under § 20-25 to celebrate the rites of marriage shall be permitted to charge the parties a fee for the ceremony not to exceed $75 for each ceremony. Such person and parties may negotiate payment for any additional services agreed to by the celebrant and the parties. Additionally, such person shall be permitted to charge the parties travel expenses to and from the marriage site. If conveyance is by public transportation, reimbursement shall be at the actual cost thereof. If conveyance is by private transportation, reimbursement shall be at the rate specified in the current general appropriations act of the Commonwealth. In either event, the actual cost of the ceremony together with travel expenses shall be given to the parties at least three days prior to the marriage ceremony.

(Code 1919, § 5083; 1970, c. 362; 1975, c. 644; 1993, cc. 941, 966; 2006, c. 625; 2014, c. 529; 2020, c. 181.)

The 2006 amendments. - The 2006 amendment by c. 625, in the first sentence, inserted "under § 20-25 " and substituted "$50" for "thirty dollars."

The 2014 amendments. - The 2014 amendment by c. 529 added the second sentence.

The 2020 amendments. - The 2020 amendment by c. 181 substituted "$75" for "$50."

§ 20-28. Penalty for celebrating marriage without license.

If any person knowingly perform the ceremony of marriage without lawful license, or officiate in celebrating the rites of marriage without being authorized by law to do so, he shall be confined in jail not exceeding one year, and fined not exceeding $500.

(Code 1919, § 4542.)

Research References. - Virginia Forms (Matthew Bender). No. 2-1613. Order Authorizing a Minister to Celebrate the Rites of Marriage.

§ 20-29.

Repealed by Acts 1975, c. 644.

§ 20-30. Licenses of persons on federal reservations.

The clerks of the circuit courts of any counties or their deputies and the clerks of the circuit courts of any cities or their deputies are authorized to issue marriage licenses in conformity with the law now governing the same, to any persons desiring to be married on any of the government reservations of this Commonwealth, lying within their respective counties and which reservations were before the acquisition thereof part of the political territory of this Commonwealth, and any marriage ceremony performed on such reservations shall be as legal to all intents and purposes as if performed in any county or city of the Commonwealth, if the person performing the ceremony was qualified to so act.

All marriages heretofore solemnized within the limits of any such reservations are hereby ratified and legalized to all intents and purposes as if performed in any county or city of the Commonwealth.

(1930, p. 701; Michie Code 1942, § 5077a.)

§ 20-31. Belief of parties in lawful marriage validates certain defects.

No marriage solemnized under a license issued in this Commonwealth by any person professing to be authorized to solemnize the same shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of authority in such person, or any defect, omission or imperfection in such license, if the marriage be in all other respects lawful, and be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.

(Code 1919, § 5082.)

Cross references. - As to void marriages, see § 20-45.1 . As to minimum age of marriage with consent of parent or guardian, see § 20-48 .

Law review. - For note, "Estop in the Name of Love: A Case for Constructive Marriage in Virginia," see 49 Wm. & Mary L. Rev. 973 (2007).

Research References. - Virginia Forms (Matthew Bender). No. 5-116. Complaint for Annulment.

§ 20-31.1. When marriage legitimates children; issue of marriages prohibited by law, etc., legitimate.

If a person, having had a child, shall afterwards intermarry with the mother or father, such child if recognized by both of them, as their own child, jointly or separately, before or after marriage, shall be deemed legitimate.

The issue of marriages prohibited by law, deemed null or void or dissolved by a court shall nevertheless be legitimate.

(1978, c. 647.)

Law review. - For survey of Virginia law on domestic relations for the year 1970-1971, see 57 Va. L. Rev. 1487 (1971). For survey of Virginia law on domestic relations for the year 1971-1972, see 58 Va. L. Rev. 1257 (1972). For survey of Virginia law on domestic relations for the year 1976-77, see 63 Va. L. Rev. 1418 (1977). For survey of Virginia law on trust and estates for the year 1976-1977, see 63 Va. L. Rev. 1503 (1977). For article, "Inheritance Rights of Children in Virginia," see 12 U. Rich. L. Rev. 275 (1978). For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981). For survey on legal issues involving children in Virginia for 1989, see 23 U. Rich. L. Rev. 705 (1989).

Michie's Jurisprudence. - For related discussion, see 9B M.J. Illegitimate Children, §§ 3, 4; 12B M.J. Marriage, § 8.

I. General Consideration. II. Legitimation by Marriage. III. Legitimacy Though Marriage Null.

§ 20-32.

Repealed by Acts 2010, c. 352, cl. 2.

Editor's note. - Former § 20-32 , penalizing clerks for neglect of duty, was derived from Code 1919, § 5094.

§ 20-33. Penalty for clerk issuing license contrary to law.

If any clerk of a court knowingly issue a marriage license contrary to law, he shall be confined in jail not exceeding one year, and fined not exceeding $500.

(Code 1919, § 4541.)

§§ 20-34 through 20-36.

Repealed by Acts 1968, c. 318.

Cross references. - For present statute covering the subject matter of the repealed sections, see § 32.1-267 .

§ 20-37. Validation of certain marriages when license issued by clerk of county court.

All marriages of females residing within jurisdiction of a corporation court, which were solemnized prior to February 1, 1904, by virtue of a license issued by the clerk of the court of the county wherein a city was or is situated, shall be as valid as if such license had been issued by the clerk of such corporation court.

(Code 1919, § 5073.)

Editor's note. - Chapter 5 of Title 17, providing for corporation courts in general, which are referred to in this section, was repealed by Acts 1973, c. 544. See now provisions as to circuit courts, § 17.1-500 et seq.

§ 20-37.1. Validation of certain marriages solemnized outside of Commonwealth.

All marriages heretofore solemnized outside this Commonwealth by a minister authorized to celebrate the rites of marriage in this Commonwealth, under a license issued in this Commonwealth, and showing on the application therefor the place out of this Commonwealth where said marriage is to be performed, shall be valid as if such marriage had been performed in this Commonwealth.

(1952, c. 133.)

The number of this section was assigned by the Virginia Code Commission, the 1952 act having assigned no number.

Michie's Jurisprudence. - For related discussion, see 12B M.J. Marriage, § 5.

CIRCUIT COURT OPINIONS

Statute only applies to marriages entered prior to passage. - Statute only applies to marriages entered into prior to the passage of the statute in 1952; the 1952 statute constitutes a legislative recognition that legislation was required to validate pre-1952 marriages performed outside the Commonwealth, and no similar legislation addresses post-1952 marriages. Porter v. Porter, 97 Va. Cir. 81, 2017 Va. Cir. LEXIS 304 (Fairfax County Oct. 11, 2017).

"Heretofore" applies only to marriages that occurred before the statute was created. Porter v. Porter, 97 Va. Cir. 81, 2017 Va. Cir. LEXIS 304 (Fairfax County Oct. 11, 2017).

OPINIONS OF THE ATTORNEY GENERAL

Authority to perform the rites of matrimony. - The authority vested in a minister or other person authorized to perform the rites of matrimony in Virginia does not extend to a celebration of marriage under a Virginia marriage license when the ceremony is conducted outside the territorial boundaries of the Commonwealth of Virginia. See opinion of Attorney General to The Honorable Michele B. McQuigg, Prince William County Circuit Court Clerk, 10-025, 2010 Va. AG LEXIS 28 (5/18/10).

§ 20-37.2.

Repealed by Acts 1977, c. 624.

Cross references. - For present provisions similar to the repealed section, see § 8.01-220 .

§ 20-38.

Repealed by Acts 1975, c. 644.

Cross references. - For present provisions covering the subject matter of the repealed section, see § 20-38.1 .

§ 20-38.1. Certain marriages prohibited.

The following marriages are prohibited:

1. A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;
2. A marriage between an ancestor and descendant, or between siblings, whether the relationship is by the half or the whole blood or by adoption;
3. A marriage between an uncle or aunt and a nephew or niece, whether the relationship is by the half or the whole blood.

   (1975, c. 644; 1978, c. 647; 2020, c. 900.)

Cross references. - For provision that the issue of marriages prohibited by law shall nevertheless be legitimate, see § 20-31.1 .

The 2020 amendments. - The 2020 amendment by c. 900 deleted the subdivision (a) designation; redesignated subdivisions (a) (1) through (a) (3) as subdivisions 1 through 3; in subdivision 2, substituted "siblings" for "a brother and a sister"; in subdivision 3, substituted "or aunt and a nephew or niece" for "and a niece or between an aunt and a nephew" and deleted "(b) [Repealed.]."

Law review. - For survey of Virginia law on domestic relations for the year 1974-1975, see 61 Va. L. Rev. 1732 (1975). For article, "Marriage and the State: The Withering Away of Marriage," see 62 Va. L. Rev. 663 (1976).

§ 20-39. Prohibition continues notwithstanding dissolution of previous marriage.

In the cases mentioned in § 20-38.1 , in which the relationship is founded on a marriage, the prohibition shall continue in force, notwithstanding the dissolution of such marriage by death or by divorce, unless the divorce be for a cause which made the marriage originally unlawful or void.

(Code 1919, § 5086; 1976, c. 356.)

§ 20-40. Punishment for violation of such prohibition; leaving Commonwealth to avoid.

If any person marry in violation of § 20-38.1 , he shall be confined in jail not exceeding six months, or fined not exceeding $500, in the discretion of the jury. If any persons, resident in the Commonwealth and within the degrees of relationship mentioned in that section, shall go out of the Commonwealth for the purpose of being married, and with the intention of returning, and be married out of it, and afterwards return to and reside in it, cohabiting as a married couple, they shall be punished as provided in this section, and the marriage shall be governed by the same law as if it had been solemnized in the Commonwealth. The fact of such cohabitation here shall be evidence of such marriage. Venue for a violation of this section may be in the county or city where the subsequent marriage occurred or where the parties to the subsequent marriage cohabited.

(Code 1919, §§ 4540, 5089; 1976, c. 356; 2003, c. 99; 2020, c. 900.)

Editor's note. - Acts 2003, c. 99, cl. 2, provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice."

The 2003 amendments. - The 2003 amendment by c. 99 added the last sentence.

The 2020 amendments. - The 2020 amendment by c. 900 substituted "the Commonwealth" for "this Commonwealth" wherever it appears and "a married couple" for "man and wife" in the second sentence.

§§ 20-41, 20-42.

Repealed by Acts 1975, c. 589.

Cross references. - For provisions covering the subject matter of the repealed sections, see §§ 18.2-362 , 18.2-364 .

§ 20-43. Bigamous marriages void without decree.

All marriages that are prohibited by law on account of either of the parties having a former spouse then living shall be absolutely void, without any decree of divorce or other legal process.

(Code 1919, § 5087; 2020, c. 900.)

The 2020 amendments. - The 2020 amendment by c. 900 substituted "that" for "which" and "spouse" for "wife or husband."

Law review. - For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981).

§ 20-44.

Repealed by Acts 1975, c. 589.

Cross references. - For provisions covering the subject matter of the repealed section, see § 18.2-363 .

§ 20-45.

Repealed by Acts 1975, c. 644.

Cross references. - For present provisions as to void and voidable marriages, see § 20-45.1 .

§ 20-45.1. Void and voidable marriages.

1. All marriages that are prohibited by § 20-38.1 are void.
2. All marriages solemnized when either of the parties lacked capacity to consent to the marriage at the time the marriage was solemnized, because of mental incapacity or infirmity, shall be void from the time they shall be so declared by a decree of divorce or nullity.
3. All marriages solemnized on or after July 1, 2016, when either or both of the parties were, at the time of the solemnization, under the age of 18 and have not been emancipated as required by § 20-48 shall be void from the time they shall be so declared by a decree of divorce or nullity. Notwithstanding the foregoing, this section shall not apply to a lawful marriage entered in another state or country prior to the parties being domiciled in the Commonwealth. (1975, c. 644; 2016, cc. 457, 543.)

The 2016 amendments. - The 2016 amendments by cc. 457 and 543 are identical, and substituted subsection A and B designations for "(a)" and "(b)"; rewrote subsection A, which read "All marriages which are prohibited by § 20-38.1 or where either or both of the parties are, at the time of the solemnization of the marriage, under the age of eighteen, and have not complied with the provisions of § 20-48 or § 20-49 , are void"; and added subsection C.

Law review. - For survey of Virginia law on domestic relations for the year 1974-1975, see 61 Va. L. Rev. 1732 (1975). For survey of Virginia law on domestic relations for the year 1975-1976, see 62 Va. L. Rev. 1431 (1976). For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981).

For note, "State Regulations Are Failing Our Children: An Analysis of Child Marriage Laws in the United States," see 60 Wm. & Mary L. Rev. 2337 (2019).

Michie's Jurisprudence. - For related discussion, see 3A M.J. Bigamy, § 2; 12B M.J. Marriage, §§ 4, 6, 7, 14; 12B M.J. Marriage Contracts and Settlements, § 5.

§§ 20-45.2, 20-45.3.

Repealed by Acts 2020, cc. 75 and 195, cl. 1, and c. 900, cl. 2.

Editor's note. - Repeals the statutory prohibitions on same-sex marriages and civil unions or other arrangements between persons of the same sex purporting to bestow the privileges and obligations of marriage. These prohibitions are no longer valid due to the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (June 26, 2015).

Former § 20-45.2 , pertaining to marriage between persons of same sex, derived from 1975, c. 644; 1997, cc. 354, 365.

Former § 20-45.3, pertaining to civil unions between persons of same sex, derived from Acts 2004, c. 983.

§§ 20-46, 20-47.

Repealed by Acts 1985, c. 421.

Editor's note. - Repealed § 20-46 was amended by Acts 1984, c. 703.

§ 20-48. Minimum age of marriage.

The minimum age at which persons may marry shall be 18, unless a minor has been emancipated by court order. Upon application for a marriage license, an emancipated minor shall provide a certified copy of the order of emancipation.

(Code 1919, § 5090; 1932, p. 529; 1942, p. 230; 1946, p. 500; 1960, c. 363; 1972, c. 823; 1974, cc. 44, 45; 1975, c. 644; 1989, c. 733; 2008, cc. 174, 206; 2016, cc. 457, 543.)

Cross references. - As to void marriages, see § 20-45.1 .

The 2008 amendments. - The 2008 amendments by cc. 174 and 206 are identical and deleted the former last paragraph, relating to clerks issuing marriage licenses or preventing marriages.

The 2016 amendments. - The 2016 amendments by cc. 457 and 543 are identical, and rewrote the first paragraph, which read "The minimum age at which persons may marry, with consent of the parent or guardian, shall be sixteen" and deleted the second paragraph pertaining to consent for marriage of a minor in the case of pregnancy.

Law review. - For survey of Virginia law on domestic relations for the year 1971-1972, see 58 Va. L. Rev. 1257 (1972). For survey of Virginia law on domestic relations for the year 1974-1975, see 61 Va. L. Rev. 1732 (1975).

For note, "Exploring the Boundaries of Obergefell," see 58 Wm. & Mary L. Rev. 2063 (2017).

For note, "State Regulations Are Failing Our Children: An Analysis of Child Marriage Laws in the United States," see 60 Wm. & Mary L. Rev. 2337 (2019).

Michie's Jurisprudence. - For related discussion, see 12B M.J. Marriage, §§ 4, 7.

§ 20-49.

Repealed by Acts 2016, cc. 457 and 543, cl. 2.

§ 20-49.1. How parent and child relationship established.

1. The parent and child relationship between a child and a woman may be established prima facie by proof of her having given birth to the child, or as otherwise provided in this chapter.
2. The parent and child relationship between a child and a man may be established by:
   1. Scientifically reliable genetic tests, including blood tests, which affirm at least a ninety-eight percent probability of paternity. Such genetic test results shall have the same legal effect as a judgment entered pursuant to § 20-49.8 .
   2. A voluntary written statement of the father and mother made under oath acknowledging paternity and confirming that prior to signing the acknowledgment, the parties were provided with a written and oral description of the rights and responsibilities of acknowledging paternity and the consequences arising from a signed acknowledgment, including the right to rescind. The acknowledgement may be rescinded by either party within sixty days from the date on which it was signed unless an administrative or judicial order relating to the child in an action to which the party seeking rescission was a party is entered prior to the rescission. A written statement shall have the same legal effect as a judgment entered pursuant to § 20-49.8 and shall be binding and conclusive unless, in a subsequent judicial proceeding, the person challenging the statement establishes that the statement resulted from fraud, duress or a material mistake of fact. In any subsequent proceeding in which a statement acknowledging paternity is subject to challenge, the legal responsibilities of any person signing it shall not be suspended during the pendency of the proceeding, except for good cause shown. Written acknowledgments of paternity made under oath by the father and mother prior to July 1, 1990, shall have the same legal effect as a judgment entered pursuant to § 20-49.8.
   3. In the absence of such acknowledgment or if the probability of paternity is less than ninety-eight percent, such relationship may be established as otherwise provided in this chapter.
3. The parent and child relationship between a child and an adoptive parent may be established by proof of lawful adoption.

   (1988, cc. 866, 878; 1990, c. 836; 1992, c. 516; 1997, cc. 792, 896; 1998, c. 884.)

Cross references. - As to approval of entrustment agreement, see § 16.1-277.01.

As to determination of parentage of children eligible for Temporary Assistance for Needy Families, and sanction for noncooperation of caretaker, see § 63.2-602 .

As to consent to adoption, see § 63.2-1202 .

As to explanation of process and legal effects of adoption due to acknowledged father, see § 63.2-1224 .

As to the Putative Father Registry, see § 63.2-1249 et seq.

Law review. - For comment on the support of children born out of wedlock, see 18 Wash & Lee L. Rev. 343 (1961). For article, "Virginia Bastardy Laws: A Burdensome Heritage," see 9 Wm. & Mary L. Rev. 402 (1967). For survey of Virginia Law on domestic relations for the year 1971-1972, see 58 Va. L. Rev. 1257 (1972). For survey of Virginia Law on domestic relations for the year 1976-1977, see 63 Va. L. Rev. 1418 (1977). For survey of development in Virginia domestic relations law for year 1979-1980, see 67 Va. L. Rev. 351 (1981). For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981). For article, "The Evidentiary Use of HLA Blood Test in Virginia," see 19 U. Rich. L. Rev. 235 (1985). For 1985 survey of Virginia wills, trusts, and estates law, see 19 U. Rich L. Rev. 779 (1985). For survey on wills, trusts, and estates in Virginia for 1989, see 23 U. Rich. L. Rev. 859 (1989).

For an article, "Domestic Relations," see 31 U. Rich. L. Rev. 1069 (1997).

For annual survey article, see "Family Law," 48 U. Rich. L. Rev. 135 (2013).

Research References. - Disputed Paternity Proceedings (Matthew Bender).

Editor's note. - Some of the cases cited below were decided under former § 20-61.1 .

§ 20-49.2. Commencement of action; parties; jurisdiction.

Proceedings under this chapter may be instituted upon petition, verified by oath or affirmation, filed by a child, a parent, a person claiming parentage, a person standing in loco parentis to the child or having legal custody of the child or a representative of the Department of Social Services or the Department of Juvenile Justice.

The child may be made a party to the action, and if he is a minor and is made a party, he shall be represented by a guardian ad litem appointed by the court in accordance with the procedures specified in § 16.1-266 or § 8.01-9 . The child's mother or father may not represent the child as guardian or otherwise. The determination of the court under the provisions of this chapter shall not be binding on any person who is not a party.

The circuit courts shall have concurrent original jurisdiction of cases arising under this chapter with the juvenile and domestic relations district courts when the parentage of a child is at issue in any matter otherwise before the circuit court. The determination of parentage, when raised in any proceeding, shall be governed by this chapter.

(1988, cc. 866, 878; 1989, c. 368; 2008, cc. 164, 201.)

Editor's note. - Acts 1993, c. 929, cl. 3, as amended by Acts 1994, c. 564, cl. 1, and Acts 1996, c. 616, cl. 3, provides that the amendment to this section by Acts 1993, c. 929, cl. 1, shall become effective June 1, 1998, "only if state funds are provided by the General Assembly sufficient to provide adequate resources, including all local costs, for the court to carry out the purposes of this act and to fulfill its mission to serve children and families of the Commonwealth." The funding was not provided.

The 2008 amendments. - The 2008 amendments by cc. 164 and 201 are identical and rewrote the last paragraph.

§ 20-49.3. Admission of genetic tests.

1. In the trial of any matter in any court in which the question of parentage arises, the court, upon its own motion or upon motion of either party, may and, in cases in which child support is in issue, shall direct and order that the alleged parents and the child submit to scientifically reliable genetic tests including blood tests. The motion of a party shall be accompanied by a sworn statement either (i) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties or (ii) denying paternity.
2. The court shall require the person requesting such genetic test, including a blood test, to pay the cost. However, if such person is indigent, the Commonwealth shall pay for the test. The court may, in its discretion, assess the costs of the test to the party or parties determined to be the parent or parents.
3. The results of a scientifically reliable genetic test, including a blood test, may be admitted in evidence when contained in a written report prepared and sworn to by a duly qualified expert, provided the written results are filed with the clerk of the court hearing the case at least fifteen days prior to the hearing or trial. Verified documentary evidence of the chain of custody of the blood specimens is competent evidence to establish the chain of custody. Any qualified expert performing such test outside the Commonwealth shall consent to service of process through the Secretary of the Commonwealth by filing with the clerk of the court the written results. Upon motion of any party in interest, the court may require the person making the analysis to appear as a witness and be subject to cross-examination, provided that the motion is made at least seven days prior to the hearing or trial. The court may require the person making the motion to pay into court the anticipated costs and fees of the witness or adequate security for such costs and fees.

   (1988, cc. 866, 878; 1989, c. 598; 1992, c. 516; 1997, cc. 792, 896.)

Cross references. - As to the Putative Father Registry, see § 63.2-1249 et seq.

Law review. - For article, "The Evidentiary use of the HLA Blood Test in Virginia," see 19 U. Rich. L. Rev. 235 (1985).

Michie's Jurisprudence. - For related discussion, see 6A M.J. Divorce and Alimony, § 31; 9B M.J. Illegitimate Children, § 7.

Editor's note. - Most of the cases cited below were decided under former § 20-61.2.

§ 20-49.4. Evidence relating to parentage.

The standard of proof in any action to establish parentage shall be by clear and convincing evidence. All relevant evidence on the issue of paternity shall be admissible. Such evidence may include, but shall not be limited to, the following:

1. Evidence of open cohabitation or sexual intercourse between the known parent and the alleged parent at the probable time of conception;
2. Medical or anthropological evidence relating to the alleged parentage of the child based on tests performed by experts. If a person has been identified by the mother as the putative father of the child, the court may, and upon request of a party shall, require the child, the known parent, and the alleged parent to submit to appropriate tests;
3. The results of scientifically reliable genetic tests, including blood tests, if available, weighted with all the evidence;
4. Evidence of the alleged parent consenting to or acknowledging, by a general course of conduct, the common use of such parent's surname by the child;
5. Evidence of the alleged parent claiming the child as his child on any statement, tax return or other document filed by him with any state, local or federal government or any agency thereof;
6. A true copy of an acknowledgment pursuant to § 20-49.5 ; and
7. An admission by a male between the ages of fourteen and eighteen pursuant to § 20-49.6 . (1988, cc. 866, 878; 1992, c. 516.)

§ 20-49.5. Support of children of unwed parents by the father; testimony under oath.

Whenever in any legal proceedings a man voluntarily testifies under oath or affirmation that he is the father of a child whose parents are not married, or are not married to each other, the court may require that he complete an acknowledgment of paternity on a form provided by the Department of Social Services. This acknowledgment shall be sent by the clerk of the court within thirty days of completion to the Department of Social Services.

In any proceeding under this chapter, the petitioner may request a true copy of this form from the Department of Social Services and the Department shall remit such form to the court where the petition has been filed. Such true copy of an acknowledgment of paternity shall then be admissible in any proceeding under this chapter.

(1988, cc. 866, 878.)

§ 20-49.6. Proceedings to establish paternity or enforce support obligations of males between the ages of fourteen and eighteen.

In any proceeding to establish or enforce an obligation for support and maintenance of a child of unwed parents, a male between the ages of fourteen and eighteen who is represented by a guardian ad litem pursuant to § 8.01-9 and who has not otherwise been emancipated shall not be deemed to be under a disability as provided in § 8.01-2 . The court may enter an order establishing the paternity of the child based upon an admission of paternity by such male made under oath before the court or upon such other evidence as may be sufficient in law to support a finding of paternity. The order may provide for support and maintenance of the child by the father and shall be enforceable as if the father were an adult.

(1988, cc. 866, 878.)

§ 20-49.7. Civil actions.

An action brought under this chapter is a civil action. The natural parent and the alleged parent are competent to testify. Testimony of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth shall not be privileged. Bills for expenses incurred for pregnancy, childbirth and genetic testing shall be admissible as prima facie evidence of the facts stated therein, without requiring third-party foundation testimony if the party offering such evidence is under oath.

(1988, cc. 866, 878; 1997, cc. 792, 896.)

§ 20-49.8. Judgment or order; costs; birth record.

1. A judgment or order establishing parentage may include any provision directed against the appropriate party to the proceeding, concerning the duty of support, including an equitable apportionment of the expenses incurred on behalf of the child from the date the proceeding under this chapter was filed with the court against the alleged parent or, if earlier, the date an order of the Department of Social Services entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service upon the obligor. The judgment or order may be in favor of the natural parent or any other person or agency who incurred such expenses provided the complainant exercised due diligence in the service of the respondent. The judgment or order may also include provisions for the custody and guardianship of the child, visitation privileges with the child, or any other matter in the best interest of the child. In circumstances where the parent is outside the jurisdiction of the court, the court may enter a further order requiring the furnishing of bond or other security for the payment required by the judgment or order. The judgment or order may direct either party to pay the reasonable and necessary unpaid expenses of the mother's pregnancy and delivery or equitably apportion the unpaid expenses between the parties. However, when the Commonwealth, through the Medicaid program, has paid such expenses, the court may order reimbursement to the Commonwealth for such expenses.
2. A determination of paternity made by any other state shall be given full faith and credit, whether established through voluntary acknowledgment or through administrative or judicial process; provided, however, that, except as may otherwise be required by law, such full faith and credit shall be given only for the purposes of establishing a duty to make payments of support and other payments contemplated by subsection A.
3. For each court determination of parentage made under the provisions of this chapter, a certified copy of the order or judgment shall be transmitted to the State Registrar of Vital Records by the clerk of the court within thirty days after the order becomes final. Such order shall set forth the full name and date and place of birth of the person whose parentage has been determined, the full names of both parents, including the maiden name, if any, of the mother and the name and address of an informant who can furnish the information necessary to complete a new birth record. In addition, when the State Registrar receives a document signed by a man indicating his consent to submit to scientifically reliable genetic tests, including blood tests, to determine paternity and the genetic test results affirming at least a ninety-eight percent probability of paternity, a new birth record shall be completed as provided in § 32.1-261 . When the State Registrar receives a copy of a judgment or order for a person born outside of this Commonwealth, such order shall be forwarded to the appropriate registration authority in the state of birth or the appropriate federal agency. (1988, cc. 866, 878; 1990, c. 615; 1992, c. 867; 1994, c. 869; 1996, c. 491; 1998, c. 592.)

Cross references. - As to approval of entrustment agreement, see § 16.1-277.01.

As to name of father on birth certificates, see § 32.1-257 .

As to consent to adoption, see § 63.2-1202 .

As to execution of entrustment agreement by birth parents, see § 63.2-1222 .

As to Putative Father Registration, see § 63.2-1250 .

As to administrative establishment of paternity, see § 63.2-1913 .

Editor's note. - Effective October 1, 2002, "Title 63.2" was substituted for "Title 63.1" to conform to the recodification of that title by Acts 2002, c. 747.

§ 20-49.9.

Repealed by Acts 2002, c. 747, cl. 10, effective October 1, 2002.

Cross references. - For current provisions, as to the legal effect in administrative paternity proceedings of a genetic test result affirming at least a 98% probability of paternity, see § 63.2-1913 .

For hospital paternity establishment programs, see § 63.2-1914 .

§ 20-49.10. Relief from legal determination of paternity.

An individual may file a petition for relief and, except as provided herein, the court may set aside a final judgment, court order, administrative order, obligation to pay child support or any legal determination of paternity if a scientifically reliable genetic test performed in accordance with this chapter establishes the exclusion of the individual named as a father in the legal determination. The court shall appoint a guardian ad litem to represent the interest of the child. The petitioner shall pay the costs of such test. A court that sets aside a determination of paternity in accordance with this section shall order completion of a new birth record and may order any other appropriate relief, including setting aside an obligation to pay child support. No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for relief from a determination of paternity, but only from the date that notice of the petition was served on the nonfiling party.

A court shall not grant relief from determination of paternity if the individual named as father (i) acknowledged paternity knowing he was not the father, (ii) adopted the child, or (iii) knew that the child was conceived through artificial insemination.

(2001, c. 814.)

Law review. - For article, "Gender Bias Task Force: Comments on Family Law Issues," see 58 Wash. & Lee L. Rev. 1089 (2001).

For article, "Family Law," see 35 U. Rich. L. Rev. 651 (2001).

Michie's Jurisprudence. - For related discussion, see 9B M.J. Illegitimate Children, § 19.

§§ 20-50 through 20-60.

Repealed by Acts 1968, c. 318.

§ 20-60.1. Applicability of chapter.

The provisions of this chapter shall apply to and govern all cases arising under Title 16.1 and this title in which child or spousal support is at issue in any court of the Commonwealth, unless specifically excepted.

(1985, c. 488.)

Michie's Jurisprudence. - For related discussion, see 6A M.J. Divorce and Alimony, § 69; 14A M.J. Parent and Child, § 17.

§ 20-60.2. Admissibility and identification of support payment records.

Copies of support payment records maintained by the Department of Social Services, when certified over the signature of a designated employee of such entity, shall be considered to be satisfactorily identified and shall be admitted in any proceeding as prima facie evidence of such transactions. Additional proof of the official character of the person certifying such record or the authenticity of his signature shall not be required. Whenever an employee of the Department of Social Services is served with a summons, subpoena, subpoena duces tecum or order directing him to produce such records, the employee may comply by transmitting a copy of the payment records certified as described above to the clerk of the court. Notwithstanding the provisions of this section, a judge may, upon good cause shown and upon notice of the items in the records being questioned, direct that an employee of the Department personally appear.

(1985, c. 488.)

§ 20-60.3. Contents of support orders.

All orders directing the payment of spousal support where there are minor children whom the parties have a mutual duty to support and all orders directing the payment of child support, including those orders confirming separation agreements, entered on or after October 1, 1985, whether they are original orders or modifications of existing orders, shall contain the following:

1. Notice that support payments may be withheld as they become due pursuant to § 20-79.1 or § 20-79.2 , from income as defined in § 63.2-1900 , without further amendments of this order or having to file an application for services with the Department of Social Services; however, absence of such notice in an order entered prior to July 1, 1988, shall not bar withholding of support payments pursuant to § 20-79.1 ;
2. Notice that support payments may be withheld pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 without further amendments to the order upon application for services with the Department of Social Services; however, absence of such notice in an order entered prior to July 1, 1988, shall not bar withholding of support payments pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2;
3. The name, date of birth, and last four digits of the social security number of each child to whom a duty of support is then owed by the parent;
4. If known, the name, date of birth, and last four digits of the social security number of each parent of the child and, unless otherwise ordered, each parent's residential and, if different, mailing address, residential and employer telephone number, and number appearing on a driver's license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, and the name and address of each parent's employer; however, when a protective order has been issued or the court otherwise finds reason to believe that a party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk shall not be included in the order;
5. Notice that, pursuant to § 20-124.2 , support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever occurs first, and that the court may also order that support be paid or continue to be paid for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, and such disability existed prior to the child reaching the age of 18 or the age of 19 if the child met the requirements of clauses (i), (ii), and (iii); (b) unable to live independently and support himself; and (c) residing in the home of the parent seeking or receiving child support;
6. On and after July 1, 1994, notice that a petition may be filed for suspension of any license, certificate, registration or other authorization to engage in a profession, trade, business, occupation, or recreational activity issued by the Commonwealth to a parent as provided in § 63.2-1937 upon a delinquency for a period of 90 days or more or in an amount of $5,000 or more. The order shall indicate whether either or both parents currently hold such an authorization and, if so, the type of authorization held;
7. The monthly amount of support and the effective date of the order. In proceedings on initial petitions, the effective date shall be the date of filing of the petition; in modification proceedings, the effective date may be the date of notice to the responding party. The first monthly payment shall be due on the first day of the month following the hearing date and on the first day of each month thereafter. In addition, an amount shall be assessed for any full and partial months between the effective date of the order and the date that the first monthly payment is due. The assessment for the initial partial month shall be prorated from the effective date through the end of that month, based on the current monthly obligation;
8. 1. An order for health care coverage, including the health insurance policy information, for dependent children pursuant to §§ 20-108.1 and 20-108.2 if available at reasonable cost as defined in § 63.2-1900 , or a written statement that health care coverage is not available at a reasonable cost as defined in such section, and a statement as to whether there is an order for health care coverage for a spouse or former spouse; and
   2. A statement as to whether cash medical support, as defined in § 63.2-1900 , is to be paid by or reimbursed to a party pursuant to subsections D and G of § 20-108.2 , and if such expenses are ordered, then the provisions governing how such payment is to be made;
9. If support arrearages exist, (i) to whom an arrearage is owed and the amount of the arrearage, (ii) the period of time for which such arrearage is calculated, and (iii) a direction that all payments are to be credited to current support obligations first, with any payment in excess of the current obligation applied to arrearages;
10. If child support payments are ordered to be paid through the Department of Social Services or directly to the obligee, and unless the court for good cause shown orders otherwise, the parties shall give each other and the court and, when payments are to be made through the Department, the Department of Social Services at least 30 days' written notice, in advance, of any change of address and any change of telephone number within 30 days after the change;
11. If child support payments are ordered to be paid through the Department of Social Services, a provision requiring an obligor to keep the Department of Social Services informed, or if payments are ordered to be paid directly to the obligee, a provision requiring an obligor to keep the court informed, of (i) the name, address, and telephone number of his current employer; (ii) any change to his employment status; and (iii) if he has filed a claim for or is receiving benefits under the provisions of Title 60.2. The provision shall further specify that any such change in employment status or filing of a claim shall be communicated to the Department of Social Services or the court in writing within 30 days of such change or filing;
12. If child support payments are ordered to be paid through the Department of Social Services, a provision requiring the party obligated to provide health care coverage to keep the Department of Social Services informed of any changes in the availability of the health care coverage for the minor child or children, or if payments are ordered to be paid directly to the obligee, a provision requiring the party obligated to provide health care coverage to keep the other party informed of any changes in the availability of the health care coverage for the minor child or children;
13. The separate amounts due to each person under the order, unless the court specifically orders a unitary award of child and spousal support due or the order affirms a separation agreement containing provision for such unitary award;
14. Notice that in determination of a support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law. The order shall also provide, pursuant to § 20-78.2 , for interest on the arrearage at the judgment rate as established by § 6.2-302 unless the obligee, in a writing submitted to the court, waives the collection of interest;
15. Notice that on and after July 1, 1994, the Department of Social Services may, pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 and in accordance with §§ 20-108.2 and 63.2-1921 , initiate a review of the amount of support ordered by any court;
16. A statement that if any arrearages for child support, including interest or fees, exist at the time the youngest child included in the order emancipates, payments shall continue in the total amount due (current support plus amount applied toward arrearages) at the time of emancipation until all arrearages are paid; and
17. Notice that, in cases enforced by the Department of Social Services, the Department of Motor Vehicles may suspend or refuse to renew the driver's license, or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 authorizing the operation of a motor vehicle upon the highways, of any person upon receipt of notice from the Department of Social Services that the person (i) is delinquent in the payment of child support by 90 days or in an amount of $5,000 or more or (ii) has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings. The provisions of this section shall not apply to divorce decrees where there are no minor children whom the parties have a mutual duty to support. (1985, c. 488; 1986, c. 594; 1987, cc. 597, 658, 706; 1988, c. 906; 1991, cc. 651, 694; 1992, c. 199; 1993, c. 534; 1994, cc. 764, 795; 1997, cc. 796, 895; 1998, cc. 727, 884; 2000, c. 305; 2003, c. 625; 2004, c. 1008; 2006, cc. 720, 869; 2009, cc. 706, 713; 2015, cc. 653, 654; 2020, cc. 1227, 1246; 2021, Sp. Sess. I, c. 222.)

Cross references. - As to delivery of notice of administrative support order, see § 63.2-1917 .

Editor's note. - In subdivision 14, " § 6.2-302 " was substituted for " § 6.1-330.54," effective October 1, 2010, to conform to the recodification of Title 6.1 by Acts 2010, c. 794.

Acts 2015, cc. 653 and 654, cl. 2 provides: "That an individual denied support under § 16.1-278.15, 20-60.3 , or 20-124.2 prior to July 1, 2015, who otherwise meets the requirements for support under this act, shall be eligible to petition the court for support under the provisions of this act. In such cases, liability shall be determined according to subsection B of § 20-108.1 , and the date of the new petition shall be the date that the proceeding was commenced for purposes of subsection B of § 20-108.1 ."

Acts 2020, cc. 1227 and 1246, cl. 2 provides: "That the provisions of this act shall become effective on January 1, 2021."

Acts 2020, cc. 1227 and 1246, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

The 2000 amendments. - The 2000 amendment by c. 305, in subdivision 7, inserted the clause "a" designator and added clause b.

The 2003 amendments. - The 2003 amendment by c. 625 substituted "spousal support where there are minor children whom the parties have a mutual duty to support and all orders directing the payment of child" for "child or spousal" in the introductory paragraph; substituted "90" for "ninety" in subdivision 5; twice substituted "30" for "thirty" in subdivision 9; and added the last paragraph.

The 2004 amendments. - The 2004 amendment by c. 1008, in subdivision 7 b, substituted "unreimbursed" for "extraordinary," "subsections D and G" for "subsection D and subdivision G 3" and "governing how such payment" for "as how such payment."

The 2006 amendments. - The 2006 amendment by c. 720 added subdivision 14 and made related changes.

The 2006 amendment by c. 869 rewrote subdivision 6, which formerly read: "The amount of periodic support expressed in fixed sums, together with the payment interval, the date payments are due, and the date the first payment is due."

The 2009 amendments. - The 2009 amendment by c. 706, added subdivisions 5, 12 and 17, and renumbered remaining subdivisions accordingly; substituted "parent" for "person responsible for support" in subdivisions 3 and 6; in subdivision 3, substituted "name, date of birth, and last four digits of the social security number" for "names and dates of birth"; in subdivision 4, inserted "last four digits of the" preceding "social security number," deleted "if different and if known, the name, date of birth and social security number of the person responsible for support and" preceding "unless otherwise ordered" and substituted "parent's" for "parent or responsible person's"; in subdivision 6, inserted "or recreational activity"; in subdivision 8, inserted "or a written statement that health care coverage is not available at a reasonable cost as defined in such section"; in subdivision 14, added the last sentence; and made minor stylistic changes.

The 2009 amendment by c. 713 substituted "cash medical support, as defined in § 63.2-1900 , is" for "any unreimbursed medical expenses are" in subdivision 7 b [now subdivision 8 b].

The 2015 amendments. - The 2015 amendments by cc. 653 and 654 are identical, and in subdivision 5, substituted "that support be paid or continue to be paid" for "the continuation of support" and inserted "and such disability existed prior to the child reaching the age of 18 or the age of 19 if the child met the requirements of clauses (i), (ii), and (iii)"; and made minor stylistic changes.

The 2020 amendments. - The 2020 amendments by cc. 1227 and 1246, effective January 1, 2021, are identical, and in subdivision 4, substituted "and number appearing on a driver's license or other document issued under Chapter 3 ( § 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction" for "driver's license number" and "each parent's" for "his or her"; and inserted "or other document issued under Chapter 3 ( § 46.2-300 et seq.) of Title 46.2 authorizing the operation of a motor vehicle upon the highways" in the introductory language of subdivision 17.

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 222, effective July 1, 2021, in subdivision 11, in the first sentence, deleted "of the name, address and telephone number of his current employer" following "Social Services informed," inserted the clause (i) designation and added clauses (ii) and (iii), added the second sentence and made related changes.

Law review. - For 1994 survey of Virginia domestic relations law, see 28 U. Rich. L. Rev. 981 (1994).

For 2006 survey article, "Family and Juvenile Law," see 41 U. Rich. L. Rev. 151 (2006).

For annual survey article, "Family Law," see 46 U. Rich. L. Rev. 145 (2011).

Michie's Jurisprudence. - For related discussion, see 6A M.J. Divorce and Alimony, § 53; 9B M.J. Infants and Juveniles; 14A M.J. Parent and Child, § 1.

§ 20-60.4. Abstracts of orders, etc.; clerk shall transmit information regarding any order of support which is entered or modified to Department of Social Services.

The transmission of data between the courts and the Department of Social Services shall be accomplished by electronic data transmission or by transmission of notices, abstracts of orders and other documents. The form and content of such transmissions shall be mutually approved by the Committee on District Courts and the Department of Social Services.

(1985, c. 488.)

§ 20-60.5. Support payment provisions; how paid.

1. 1. Unless otherwise directed by the Committee on District Courts, in all cases in which payment of a support obligation arising under an order or decree entered prior to October 1, 1985, is made by the obligor through the office of a clerk of court, the clerk shall notify the payee and the obligor that the obligor will be directed to pay future support payments to the Department of Social Services as of the date provided in the notice. A. 1.  Unless otherwise directed by the Committee on District Courts, in all cases in which payment of a support obligation arising under an order or decree entered prior to October 1, 1985, is made by the obligor through the office of a clerk of court, the clerk shall notify the payee and the obligor that the obligor will be directed to pay future support payments to the Department of Social Services as of the date provided in the notice.
   2. Unless otherwise directed by the Department of Social Services, the notice of change in payment shall be served or sent by certified mail, return receipt requested, and shall contain (i) the name of the payee and, if different in whole or in part, the names of the persons to whom an obligation of support is owed by the obligor, (ii) the name of the obligor, (iii) the amount of the periodic support payment, the due dates of such payments and any arrearages, (iv) the beginning date for sending payments to the Department of Social Services, and (v) the date by which the payee and obligor shall notify the Department of Social Services of the election to (a) have the Department of Social Services collect and disburse support payments together with forms and instructions for applying for such services or (b) have support payment made by the obligor directly to the payee. A copy of the notice also shall be transmitted to the Department of Social Services.
   3. Unless otherwise directed by the Committee on District Courts, if both the obligor and the payee request in writing to the Department of Social Services that all support payments be made by the obligor directly to the payee, then the Department of Social Services shall so notify the court and the court shall enter an order to such effect. In the event an election is taken pursuant to subdivision 2 (v)(a), the notice of election shall have the same force and effect as an order of the court.
   4. The above provisions shall also apply to payroll deductions made pursuant to § 20-79.1 , except that only the payee and the employer shall receive such notice.
   5. The change in payment provision required by subsection A shall be initiated by October 1, 1985, unless a different date is mutually agreed to by the Department of Social Services and the Committee on District Courts as to individual courts.
   In cases transferred from the courts to the Department of Social Services on or after October 1, 1985, the payee shall be deemed as having executed an authorization to seek or enforce a support obligation with the Department's Division of Child Support Enforcement unless the payee specifically indicates that the Division's services are not desired.
2. Unless a different date is mutually agreed to by the Department of Social Services and the Committee on District Courts, all orders or decrees for support entered on or after October 1, 1985, shall direct that payment be made only to the payee unless one of the parties objects, in which case the order or decree shall direct that payment be made to or through the Department of Social Services.
3. The Department of Social Services shall promptly pay to the payee all support payments collected by it which have been ordered by a court to be paid to or through the Department. The Department shall pay interest to the payee when such interest amount exceeds $5 on a support payment as provided in § 63.2-1951 .
4. If the Department of Social Services enters into a contract with a public or private entity for the processing of support payments, then, except as provided in subsection E, and notwithstanding any other provision of this section:
   1. The Department shall notify the affected court of the existence of such contract and how payments are contractually required to be made to such contractors; and
   2. The affected court shall include in all support orders (i) how payments are required to be made to such contractors and (ii) that payments are to be made in such manner until different payment instructions are mailed to the person making payments by the court or by the Department.
5. An employer of 10,000 persons or more shall not be required to make payments other than by combined single payment to the Department's central office in Richmond without the express written consent of the employer, unless the order is from a support enforcement agency outside the Commonwealth.
6. Upon any obligee's application for public assistance benefits or child support services, the Department of Social Services may change the payee to the Department so that payment is sent to the Department at its address as contained in the notice of change as described in this subsection. Upon the obligee's request that support services no longer be provided, the Department may change the payee to the obligee so that payment is sent to the obligee at the address provided by the obligee as contained in the notice of change as described in this subsection. Notice of such change shall be served on the obligor by certified mail, return receipt requested, by electronic means, or in accordance with Chapter 8 (§ 8.01-285 et seq.) or Chapter 9 (§ 8.01-328 et seq.) of Title 8.01. The change described in the notice shall be effective as to all payments paid on or after the date that notice was served regardless of when such payments were due. Return of service shall be made to the Department of Social Services at the location described in the notice. Upon obtaining service of the notice on the obligor, the Department of Social Services shall transmit a copy of such notice together with a copy of the proof of service to the court having jurisdiction for enforcement of the order and to the custodial parent. (1985, c. 488; 1986, c. 594; 1986, Sp. Sess., cc. 1, 3; 1987, cc. 609, 658, 706; 1988, c. 906; 1990, c. 836; 1991, cc. 651, 694; 1996, c. 416; 2016, c. 29.)

The 2016 amendments. - The 2016 amendment by c. 29 inserted "by electronic means" in the third sentence of subsection F.

§ 20-60.6. When delivery of notice to party at last known address sufficient.

In any subsequent child support enforcement proceeding between the parties, upon sufficient showing that diligent effort was made to ascertain the location of a party, that party may be served with any required notice by delivery of the written notice to that party's residential or business address as filed with the court pursuant to § 20-60.3 or the Department of Social Services, or if changed, as shown in the records of the Department of Social Services, or the court. However, any person served with notice as provided in this section may challenge, in a subsequent judicial proceeding, an order entered based upon such service on the grounds that he did not receive the notice and enforcement of the order would constitute manifest injustice.

(1997, cc. 796, 895; 1998, c. 884.)

§ 20-61. Desertion or nonsupport of wife, husband or children in necessitous circumstances.

Any spouse who without cause deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her spouse, and any parent who deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her child under the age of eighteen years of age, or child of whatever age who is crippled or otherwise incapacitated from earning a living, the spouse, child or children being then and there in necessitous circumstances, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding $500, or confinement in jail not exceeding twelve months, or both, or on work release employment as provided in § 53.1-131 for a period of not less than ninety days nor more than twelve months; or in lieu of the fine or confinement being imposed upon conviction by the court or by verdict of a jury he or she may be required by the court to suffer a forfeiture of an amount not exceeding the sum of $1,000 and the fine or forfeiture may be directed by the court to be paid in whole or in part to the spouse, or to the guardian, curator, custodian or trustee of the minor child or children, or to some discreet person or responsible organization designated by the court to receive it. This section shall not apply to the parent of a child of whatever age, if the child qualifies for and is receiving aid under a federal or state program for aid to the permanently and totally disabled; or is an adult and meets the visual requirements for aid to the blind; and for this purpose any state agency shall use only the financial resources of the child of whatever age in determining eligibility; however, such parent is subject to prosecution under this section for the desertion or nonsupport of a spouse or of another child who is not receiving such aid.

(1944, p. 210; Michie Suppl. 1946, § 1936; 1950, p. 613; 1954, c. 481; 1960, c. 275; 1966, c. 360; 1970, c. 284; 1972, cc. 460, 845; 1973, cc. 315, 346; 1974, c. 464; 1975, c. 644; 1976, c. 462; 2010, c. 619.)

Cross references. - As to liability of spouse for emergency medical care furnished to the other spouse while the spouses are living together, see § 8.01-220.2 .

As to sentence for violation of an order of the juvenile court, see § 16.1-292.

As to report to State Police that is required upon service of process, see § 19.2-390.

For provision for sentencing a person to nonconsecutive days in jail upon conviction of an offense under this chapter, see § 53.1-131.1 .

As to punishment in accordance with the provisions of § 20-61 for failure to support certain children living in same home, see § 63.2-510 .

The 2010 amendments. - The 2010 amendment by c. 619, in the last sentence, substituted "to the parent of a child" for "to any parent of any child" near the beginning and added "however, such parent is subject to prosecution under this section for the desertion or nonsupport of a spouse or of another child who is not receiving such aid" to the end.

Law review. - For comment, "Lack of Due Process in Virginia Contempt Proceeding for Failure to Comply with Order for Support and Alimony," see 4 U. Rich. L. Rev. 128 (1969). For survey of Virginia law on domestic relations for the year 1969-1970, see 56 Va. L. Rev. 1411 (1970). For survey of Virginia law on domestic relations for the year 1971-1972, see 58 Va. L. Rev. 1257 (1972). For survey of Virginia law on domestic relations for the year 1972-1973, see 59 Va. L. Rev. 1520 (1973). For survey of Virginia law on domestic relations for the year 1974-1975, see 61 Va. L. Rev. 1732 (1975). For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981). For comment, "The New Doctrine of Necessaries in Virginia," see 19 U. Rich. L. Rev. 317 (1985).

For note, "Estop in the Name of Love: A Case for Constructive Marriage in Virginia," see 49 Wm. & Mary L. Rev. 973 (2007).

For annual survey article, "Family Law," see 46 U. Rich. L. Rev. 145 (2011).

§§ 20-61.1, 20-61.2.

Repealed by Acts 1988, cc. 866, 878.

Cross references. - For current provisions as to proceedings to determine parentage, see now § 20-49.1 et seq.

Editor's note. - Repealed § 20-61.1 was amended by Acts 1988, c. 782, and repealed § 20-61.2 was amended by Acts 1988, c. 777.

§ 20-61.3. Consequences of a putative father failing to appear.

If a putative father fails to appear after having been personally served with notice, in accordance with the provisions of subdivision 1 of § 8.01-296 or § 8.01-320 , alleging that he is the father of a minor child, the court shall proceed in hearing the evidence in the case as provided in Chapter 3.1 (§ 20-49.1 et seq.) of Title 20 as if the putative father were present. The order of the court in any such proceedings shall be served upon the father in accordance with the provisions of Chapter 8 (§ 8.01-285 et seq.) or Chapter 9 (§ 8.01-328 et seq.) of Title 8.01.

(1988, cc. 867, 894; 1994, c. 869.)

§ 20-62. Commitment to workhouse, city farm or work squad for such desertion.

In the event that the cities or counties of this Commonwealth or any of them establish workhouses, city farms or work squads on which prisoners are put to work, persons convicted of nonsupport under the provisions of this chapter may be committed to the farms, workhouses or work squads instead of to jail. Persons sentenced to jail or to a workhouse or city farm under the provisions of this chapter shall be required to do such work as they are capable of in accordance with the opinion of the physician examining such persons pursuant to § 53.1-33 and shall be returned, when released, to the court which exercised original jurisdiction in the case and by that court may be placed on probation upon the terms and conditions and in the manner prescribed by law for probation of original offenders in such cases.

(1944, p. 210; Michie Suppl. 1946, § 1936; 1954, c. 481; 1970, c. 630; 1978, c. 377.)

Michie's Jurisprudence. - For related discussion, see 14A M.J. Parent and Child, § 19.

Applied in Jones v. Robinson, 229 Va. 276 , 329 S.E.2d 794 (1985).

§ 20-63. Support payments by county or city.

It shall be the duty of the governing body of the county or city within the boundaries of which any work is performed under the provisions of this chapter to allow and order payment at the end of each calendar month, out of the current funds of the county or city, to the Department of Social Services for the support of the prisoner's spouse or child or children, a sum not less than $20 nor more than $40 for each week in the discretion of the court during any part of which any work is so performed by such prisoner.

(1944, p. 211; Michie Suppl. 1946, § 1936a; 1954, c. 481; 1958, c. 637; 1966, cc. 120, 437; 1974, c. 464; 1978, c. 586; 2016, c. 220.)

The 2016 amendments. - The 2016 amendment by c. 220 deleted "(a)" at the beginning, substituted "Department of Social Services" for "court which originally sentenced the prisoner," "the prisoner's" for "his or her," and "$20 nor more than $40" for "five nor more than twenty-five dollars"; and deleted "(b) [Repealed.]" at the end.

Applied in Jones v. Robinson, 229 Va. 276 , 329 S.E.2d 794 (1985).

§ 20-64. Proceedings instituted by petition.

Proceedings under this chapter may be instituted upon petition, verified by oath or affirmation, filed by the spouse or child or by any probation officer or by any state or local law-enforcement officer or by the Department of Social Services upon information received, or by any other person having knowledge of the facts, and the petition shall set forth the facts and circumstances of the case.

(1944, p. 211; Michie Suppl. 1946, § 1937; 1974, c. 464; 2002, c. 747.)

The 2002 amendments. - The 2002 amendment by c. 747, effective October 1, 2002, substituted "the Department of Social Services" for "any state or local public welfare officer."

Law review. - For comment, "Lack of Due Process in Virginia Contempt Proceeding for Failure to Comply with Order for Support and Alimony," see 4 U. Rich. L. Rev. 128 (1969). For survey of Virginia law on domestic relations for the year 1971-1972, see 58 Va. L. Rev. 1257 (1972).

§ 20-65. Summons or warrant; investigation and hearing.

Upon the filing of such petition the court shall forthwith issue its summons or warrant against the spouse or parent and upon its execution may cause an investigation of the case to be made by a probation officer or other person designated for that purpose who shall report thereon to the court, and thereupon the court shall, upon the return date of the warrant or summons, proceed to determine and hear the case on its merits.

(1944, p. 211; Michie Suppl. 1946, § 1937; 1974, c. 464; 1975, c. 557.)

Applied in Jones v. Robinson, 229 Va. 276 , 329 S.E.2d 794 (1985).

§ 20-66. Contempt proceedings; trial in absence of defendant.

1. If the person so summoned fails without reasonable cause to appear as herein required, he or she may be proceeded against as for contempt of court and the court may, (1) proceed with the trial of the case in his or her absence and render such judgment as to it seems right and proper, or (2) continue the case to some future date.
2. If the trial be proceeded with in the absence of the defendant and judgment of conviction be entered against him or her, he or she may, within thirty days after the judgment of conviction is rendered, make application to the court to have the case reopened, and after due notice to the original complainant, for good cause, the court may reopen the case and enter such judgment or order as is right and proper.

   (1944, p. 211; Michie Suppl. 1946, § 1937a; 1974, c. 464.)

Applied in Jones v. Robinson, 229 Va. 276 , 329 S.E.2d 794 (1985).

§ 20-67. Jurisdiction.

Proceedings under this chapter shall be had in the juvenile and domestic relations district courts, which shall have exclusive original jurisdiction in all cases arising under this chapter, except that any grand jury of any circuit court may indict for desertion and nonsupport in any case wherein the defendant is a fugitive from the Commonwealth, and any defendant so indicted or presented and apprehended may be tried by the court in which the indictment or presentment is found or, in the discretion of the court, referred to the juvenile and domestic relations district court.

(1944, p. 212; Michie Suppl. 1946, § 1937c; 1974, c. 464; 1975, c. 644.)

Editor's note. - Acts 1993, c. 930, cl. 3, as amended by Acts 1994, c. 564, cl. 2, and Acts 1996, c. 616, cl. 4, provides that the amendment to this section by Acts 1993, c. 930, cl. 1, shall become effective June 1, 1998, "if state funds are provided, including all local costs, to carry out the purposes of this bill by the General Assembly." The funding was not provided.

Law review. - For an overview of Virginia Supreme Court Decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981).

§ 20-68. Appeal.

The person accused shall have the same right of appeal as provided by law in other similar cases; provided that any order of court requiring support of a spouse or children shall remain in full force and effect until reversed or modified by judgment of a superior court, and in the interim the order shall be enforceable by the court entering it and the court may punish for violation of the order as for contempt. After the judgment of conviction and entry of order of support from which no appeal is taken the hearing in the appellate court on an appeal from any subsequent order, modification or amendment shall be restricted to the particular matter or order appealed from.

(1944, p. 212; Michie Suppl. 1946, § 1937c; 1974, c. 464.)

Cross references. - For statute on general jurisdiction of judges of juvenile courts, see § 16.1-241.

§ 20-69. Fees of officers.

The officers acting under this chapter shall be entitled to the same fees as are now or hereafter allowed in misdemeanor cases.

(1944, p. 212; Michie Suppl. 1946, § 1937c; 1974, c. 464.)

§ 20-70. No warrant of arrest to issue.

Except as otherwise in this chapter provided, no warrant of arrest shall be issued by a magistrate against any person within the terms of this chapter, but all proceedings shall be instituted upon petition as aforesaid, provided that upon affidavit of the spouse or other person that there is reasonable cause to believe that the spouse or parent is about to leave the jurisdiction of the court with intent to desert the spouse, child or children, the court of, or any magistrate serving, the city or county may issue a warrant for the spouse or parent returnable before the court.

(1944, p. 211; Michie Suppl. 1946, § 1937b; 1974, c. 464; 1975, c. 644; 2008, cc. 551, 691.)

The 2008 amendments. - The 2008 amendments by cc. 551 and 691 are identical and substituted "the court of, or any magistrate serving, the city" for "the court or any magistrate of the city" near the end.

§ 20-71. Temporary orders for support.

At any time before the trial, upon motion of the complainant, with notice to the defendant, the court may enter such temporary order as seems just, providing for the support of the neglected spouse or children, or both, pendente lite, and may punish for violation of the order as for contempt.

(1944, p. 212; Michie Suppl. 1946, § 1938; 1974, c. 464.)

Law review. - For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981).

Applied in Estate of Hackler v. Hackler, 44 Va. App. 51, 602 S.E.2d 426 (2004).

§ 20-71.1. Attorneys' fees in proceedings under § 20-71.

In any proceeding by a spouse petitioning under § 20-71 before the juvenile and domestic relations district court or on appeal before a court of record, to be allowed support for himself or herself or the infant child or children of the defendant, the juvenile and domestic relations district court may direct the defendant, in addition to the allowance to the spouse and support and maintenance for the infant children, to pay to the spouse's attorney, upon such terms and conditions and in such time as the court shall deem reasonable, an attorney's fee deemed reasonable by the court for such services as said attorney before said court. Upon appeal of the matter to a court of record, the judge of the circuit court may direct that the defendant, in addition to the fees allowed to the spouse's attorney by the juvenile and domestic relations district court, pay to the spouse's attorney at such time and upon such terms and conditions as the judge deems reasonable, an attorney's fee deemed reasonable by the court for such services of said attorney before said court of record, but in fixing said fee such court shall take into consideration the fee or fees directed to be paid by the court from which said appeal was taken.

(1950, p. 741; 1974, c. 464; 1975, c. 644.)

Editor's note. - Acts 1993, c. 930, cl. 3, as amended by Acts 1994, c. 564, cl. 2, and Acts 1996, c. 616, cl. 4, provides that the amendment to this section by Acts 1993, c. 930, cl. 1, shall become effective June 1, 1998, "if state funds are provided, including all local costs, to carry out the purposes of this bill by the General Assembly." The funding was not provided.

Law review. - For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981).

Research References. - Bryson on Virginia Civil Procedure (Matthew Bender). Chapter 14 Costs. § 14.01 Items included. Bryson.

§ 20-72. Probation on order directing defendant to pay and enter recognizance.

Before the trial, with the consent of the defendant, or at the trial on entry of a plea of guilty, or after conviction, instead of imposing the penalties hereinbefore provided, or in addition thereto, the judge, in his discretion, having regard to the circumstances of the case and to the financial ability or earning capacity of the defendant, shall have the power to make an order, directing the defendant to pay a certain sum or a certain percentage of his or her earnings periodically, either directly or through the court to the spouse or to the guardian, curator or custodian of such minor child or children, or to an organization or individual designated by the court as trustee, and to suspend sentence and release the defendant from custody on probation, upon his or her entering into a recognizance with or without surety, in such sum as the court may order and approve.

(Code 1919, § 1939; 1932, p. 466; 1940, p. 476; 1952, c. 692; 1974, c. 464.)

Law review. - For survey of Virginia law on domestic relations for the year 1971-1972, see 58 Va. L. Rev. 1257 (1972).

Michie's Jurisprudence. - For related discussion, see 2C M.J. Bail and Recognizance, § 2; 14A M.J. Parent and Child, § 19.

§ 20-73. Condition of the recognizance.

The condition of the recognizance shall be such that if the defendant shall make his or her personal appearance in court upon such date as may be specified by the court, or whenever, in the meantime, he or she may be ordered so to do, and shall further comply with the terms of such order, or any subsequent modification or amendment thereof, then such recognizance shall be void, otherwise in full force and effect.

(Code 1919, § 1939; 1932, p. 466; 1940, p. 477.)

Applied in Jones v. Robinson, 229 Va. 276 , 329 S.E.2d 794 (1985).

§ 20-74. Support orders to remain in effect until annulled; modification.

Any order of support or amendment thereof entered under the provisions of this chapter shall remain in full force and effect until annulled by the court of original jurisdiction, or the court to which an appeal may be taken; however, such order of support or terms of probation shall be subject to change or modification by the court from time to time, as circumstances may require, but no such change or modification shall affect or relieve the surety of his or her obligation under such recognizance, provided notice thereof be forthwith given to such surety. No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification in any court, but only from the date that notice of such petition has been given to the responding party.

(Code 1919, § 1939; 1932, p. 467; 1940, p. 477; 1975, c. 644; 1987, c. 649; 2004, c. 204.)

The 2004 amendments. - The 2004 amendment by c. 204 inserted "in any court" in the last sentence.

Law review. - For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981).

§ 20-75. Procedure when accused outside territorial jurisdiction.

Whenever the accused is outside the territorial jurisdiction of the court, instead of requiring his or her arrest and personal appearance before the court, the court may allow the accused to accept service of the process or warrant and enter a written plea of guilty. The court may thereupon proceed as if the accused were present and enter such order of support as may be just and proper, requiring the accused to enter into the recognizance hereinbefore mentioned. For the purposes of this chapter the court may authorize the entering into of such recognizance outside the territorial jurisdiction of the court before such official of the place where the accused or his or her surety may be and under such conditions and subject to such stipulations and requirements as the court may direct and approve. The provisions of this chapter as to the entering into of recognizances outside the territorial jurisdiction of the court shall likewise apply to any renewal of any recognizance heretofore or hereafter entered into in any desertion and nonsupport case.

(Code 1919, § 1939; 1932, p. 467; 1940, p. 477; 1975, c. 644.)

Applied in Jones v. Robinson, 229 Va. 276 , 329 S.E.2d 794 (1985).

§ 20-76.

Repealed by Acts 1974, c. 464.

§ 20-77. When authority to suspend sentence may be exercised; deduction of certain time from sentence.

The authority of the court to suspend sentences under §§ 20-72 to 20-79 may be exercised at any time after conviction and before the completion of the sentence, and as often as the court may deem advisable and to the best interests of the parties, provided that such period or periods of time as may be actually served by the defendant shall be allowed against and deducted from the original sentence.

(Code 1919, § 1939; 1932, p. 467; 1940, p. 477; 1974, c. 464.)

Applied in Jones v. Robinson, 229 Va. 276 , 329 S.E.2d 794 (1985).

§ 20-78. Continuance of failure to support after completion of sentence.

Any person sentenced under §§ 20-72 to 20-79 who, after the completion of such sentence, shall continue in his or her failure, without just cause, adequately to support his or her spouse or children, as the case may be, may again be sentenced on the original petition, as for a new offense, in the same manner and under like conditions as herein provided, and so on from time to time, as often as such failure or failures shall occur.

(Code 1919, § 1939; 1932, p. 467; 1940, p. 478; 1974, c. 464.)

Applied in Jones v. Robinson, 229 Va. 276 , 329 S.E.2d 794 (1985).

§ 20-78.1. Effect of entry of support order in certain garnishment proceedings.

1. A judgment for arrearage, or an order or decree of support for a spouse or support and maintenance of a child or children entered under the provisions of this chapter or §§ 16.1-278.15 through 16.1-278.18, 20-103 and 20-107.1 through 20-109 may be enforced in any garnishment proceeding in which the liability is against the United States of America.
2. Except as otherwise provided herein, the provisions of Article 7 (§ 8.01-511 et seq.) of Chapter 18 of Title 8.01 shall govern such garnishment. Any garnishment under the provisions of this section shall continue until modified by the issuing court, or in the case of an arrearage, until the sum or sums of money found to be in arrears are paid in full.
3. The provisions of this section shall apply to arrearages accumulated prior to and after July 1, 1976.

   (1976, c. 659; 1978, c. 736; 1980, c. 102; 1987, c. 597; 1991, c. 534; 1999, c. 577.)

The 1999 amendment, in subsection A, inserted "A judgment for arrearage, or," deleted "only after arrearage has been reduced to judgment" at the end of the subsection; in subsection B, inserted "modified by the issuing court, or in the case of an arrearage, until," deleted "in the judgment of the court" following "to be in arrears," and deleted "or 180 days have elapsed, whichever first occurs" following "are paid in full."

Law review. - For survey of Virginia practice and pleading for the year 1975-1976, see 62 Va. L. Rev. 1460 (1976).

§ 20-78.2. Attorneys' fees and interest on support arrearage.

The entry of an order or decree of support for a spouse or for support and maintenance of a child under the provisions of this chapter or §§ 20-107.1 through 20-109 shall constitute a final judgment for any sum or sums in arrears. This order shall also include an amount for interest on the arrearage at the judgment interest rate as established by § 6.2-302 unless the obligee, in a writing submitted to the court, waives the collection of interest; and may include reasonable attorneys' fees if the total arrearage for support and maintenance, excluding interest, is equal to or greater than three months of support and maintenance.

(1983, c. 488; 1987, c. 190; 1995, c. 483; 2005, c. 880.)

Editor's note. - Effective October 1, 2010, " § 6.2-302 " was substituted for " § 6.1-330.54" to conform to the recodification of Title 6.1 by Acts 2010, c. 794.

The 2005 amendments. - The 2005 amendment by c. 880 added "and may include reasonable attorneys' fees if the total arrearage for support and maintenance, excluding interest, is equal to or greater than three months of support and maintenance" at the end of the last sentence.

§ 20-79. Effect of divorce proceedings.

1. In any case where an order has been entered under the provisions of this chapter, directing either party to pay any sum or sums of money for the support of his or her spouse, or concerning the care, custody or maintenance of any child, or children, the jurisdiction of the court which entered such order shall cease and its orders become inoperative upon the entry of a decree by the court or the judge thereof in vacation in a suit for divorce instituted in any circuit court in this Commonwealth having jurisdiction thereof, in which decree provision is made for support and maintenance for the spouse or concerning the care, custody or maintenance of a child or children, or concerning any matter provided in a decree in the divorce proceedings in accordance with the provisions of § 20-103 .
2. In any suit for divorce, the court in which the suit is instituted or pending, when either party to the proceedings so requests, shall provide in its decree for the maintenance, support, care or custody of the child or children in accordance with Chapter 6.1 (§ 20-124.1 et seq.), support and maintenance for the spouse, if the same be sought, and counsel fees and other costs, if in the judgment of the court any or all of the foregoing should be so decreed.
3. Enforcement of orders. In any suit for divorce or suit for maintenance and support, the court may after a hearing, pendente lite, or in any decree of divorce a mensa et thoro, decree of divorce a vinculo matrimonii, final decree for maintenance and support, or subsequent decree in such suit, transfer to the juvenile and domestic relations district court the enforcement of its orders pertaining to support and maintenance for the spouse, maintenance, support, care and custody of the child or children.

   Transfer of case for modification. After the entry of a decree of divorce a vinculo matrimonii the court may transfer to the juvenile and domestic relations district court any other matters pertaining to support and maintenance for the spouse, maintenance, support, care and custody of the child or children on motion by either party, and may so transfer such matters before the entry of such decree on motion joined in by both parties. A court shall not (i) transfer a case for modification to the juvenile and domestic relations district court in the absence of a motion by either party or (ii) require a provision for transfer of matters for modification to the juvenile and domestic relations district court as a condition of entry of a decree of divorce a vinculo matrimonii.

   Change of venue. In the transfer of any matters referred to herein, the court may, upon the motion of any party, or on its own motion, and for good cause shown, transfer any matters covered by said decree or decrees to any circuit court or juvenile and domestic relations district court within the Commonwealth that constitutes a more appropriate forum. An appeal of an order by such juvenile and domestic relations district court which is to enforce or modify the decree in the divorce suit shall be as provided in § 16.1-296.

   (Code 1919, § 1939; 1940, p. 478; 1960, c. 76; 1964, c. 636; 1970, c. 459; 1974, cc. 464, 473; 1975, c. 644; 1976, c. 345; 1977, c. 71; 1988, c. 502; 1994, c. 769; 2018, c. 254.)

Cross references. - As to transfer of venue in suits for enforcement of orders pertaining to support, maintenance, care or custody of juvenile, see § 16.1-243. As to failure to comply with support obligation, see § 16.1-278.16. As to pendente lite support, see § 16.1-278.17.

Editor's note. - Acts 1993, c. 929, cl. 3, as amended by Acts 1994, c. 564, cl. 1, and Acts 1996, c. 616, cl. 3, provide that the amendment to this section by Acts 1993, c. 929, cl. 1, shall become effective June 1, 1998, "only if state funds are provided by the General Assembly sufficient to provide adequate resources, including all local costs, for the court to carry out the purposes of this act and to fulfill its mission to serve children and families of the Commonwealth." The funding was not provided.

The 2018 amendments. - The 2018 amendment by c. 254, in subsection (c), added the catch phrase at the beginning of all three paragraphs; in the second paragraph, added the last sentence; in the third paragraph, inserted "circuit court or" in the first full sentence.

Law review. - For comment, "Lack of Due Process in Virginia Contempt Proceeding for Failure to Comply with Order for Support and Alimony," see 4 U. Rich. L. Rev. 128 (1969). For survey of Virginia law on domestic relations for the year 1975-1976, see 62 Va. L. Rev. 1431 (1976). For comment, "The Uniform Child Custody Jurisdiction Act in Virginia," see 14 U. Rich. L. Rev. 435 (1979). For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981). For 1987 survey of Virginia civil procedure and practice, see 21 U. Rich. L. Rev. 667 (1987). For survey on domestic relations in Virginia for 1989, see 23 U. Rich. L. Rev. 561 (1989).

For article surveying developments in family law in Virginia, see 37 U. Rich. L. Rev. 155 (2002).

Michie's Jurisprudence. - For related discussion, see 5A M.J. Costs, § 3; 6A M.J. Divorce and Alimony, §§ 35, 59, 72.2, 78; 14A M.J. Parent and Child, § 17.

Research References. - Bryson on Virginia Civil Procedure (Matthew Bender). Chapter 14 Costs. § 14.01 Items included. Bryson.

§ 20-79.1. Enforcement of support orders; income deduction; penalty for wrongful discharge.

1. For the purposes of this section, the terms "employee," "employer," "income," and "independent contractor" shall have the same meanings ascribed to them in § 63.2-1900 .
2. As part of any order directing a person to pay child support, except for initial orders entered pursuant to § 20-79.2 , or spousal support pursuant to this chapter or §§ 16.1-278.15 through 16.1-278.18, 20-103 , 20-107.2 , or 20-109.1 , or by separate order at any time thereafter, a court of competent jurisdiction may order a person's employer to deduct from the amounts due or payable to such person, the entitlement to which is based upon income as defined in § 63.2-1900 , the amount of current support due and an amount to be applied to arrearages, if any. The court shall order such income deductions (i) if so provided in a stipulation or contract signed by the party ordered to pay such support and filed with the pleadings or depositions, (ii) upon receipt of a notice of arrearages in a case in which an order has been entered pursuant to § 20-60.3 , or (iii) upon a finding that the respondent is in arrears for an amount equal to one month's support obligation. The court may, in its discretion, order such payroll deduction (a) on the basis of the obligor's past financial responsibility, history of prior payments pursuant to any such support order, and any other matter that the court considers relevant in determining the likelihood of payment in accordance with the support order or (b) at the request of the obligor.
3. Any income deduction order shall be entered upon motion and concurrent proper notice sent by the clerk or counsel. The notice shall cite this section. If the notice is sent by the clerk, it shall be served in accordance with the provisions of § 8.01-296 or 8.01-329 , or sent by certified mail or by electronic means, including facsimile transmission, to the employer. An employer paying wages or other income subject to deduction shall deliver the notice to the person ordered to pay such support. The notice shall advise the obligor (i) of the amount proposed to be withheld; (ii) that the order of the court will apply to current and future income; (iii) of the right to contest the order; (iv) that the obligor must file a written notice of contest of such deduction with the court within 10 days of the date of issuance of the notice; (v) that if the notice is contested, a hearing will be held and a decision rendered within 10 days from the receipt of the notice of contest by the court, unless good cause is shown for additional time, which shall in no event exceed 45 days from receipt of the notice by the obligor; (vi) that only disputes as to mistakes of fact as defined in § 63.2-1900 will be heard; (vii) that any order for income deduction entered will state when the deductions will start and the information that will be provided to the person's employer; and (viii) that payment of overdue support upon receipt of the notice shall not be a bar to the implementation of withholding. Whenever the obligor and the obligee agree to income deductions in a contract or stipulation, the obligor shall be deemed to have waived notice as required in this subsection and the deduction shall be ordered only upon the stipulation or contract being approved by the court.
4. The income deduction order of the court shall by its terms direct the clerk to issue an order in accordance with § 20-79.3 to any employer and, if required, to each future employer, as necessary to implement the order. The order shall cite this section as authority for the entry of the order.
5. The rights and responsibilities of employers with respect to income deduction orders are set out in § 20-79.3 .
6. The order to the employer pursuant to this section shall be effective when a certified copy thereof has been served upon or sent to the employer by electronic means, including facsimile transmission. A copy shall be provided to the employee or independent contractor by the employer. If the employer is a corporation, such service shall be accomplished as is provided in § 8.01-513 .
7. Any order issued pursuant to this section shall be promptly terminated or modified, as appropriate, after notice and an opportunity for a hearing for the parties when (i) the whereabouts of the children entitled to support and their custodian become unknown, or (ii) the support obligation to an obligee ceases. Any such order shall be promptly modified, as appropriate, when arrearages have been paid in full.
8. The Department of Social Services may charge an obligee an appropriate fee when complying with an order entered under this section sufficient to cover the Department's cost.
9. If a court of competent jurisdiction in any state or territory of the United States or the District of Columbia has ordered a person to pay child support, a court of competent jurisdiction in the Commonwealth, upon motion, notice, and opportunity for a hearing as provided in this section, shall enter an income deduction order, conforming with § 20-79.3 as provided in this section. The rights and responsibilities of the employer with respect to the order are set out in § 20-79.3 . Similar orders of the courts of the Commonwealth may be enforced in a similar manner in such other state, territory, or district.
10. If the employee is not an independent contractor, the court or clerk shall attempt to ascertain the obligor's pay period interval prior to service of the clerk's order. If, after the order is served, the employer replies to the court that the pay period interval in the income deduction order differs from the obligor's pay period interval, the clerk shall convert the single monetary amount in the income deduction order to an equivalent single monetary amount for the obligor's pay period interval pursuant to a formula approved by the Committee on District Courts. The equivalent single monetary amount shall be contained in a new order issued by the clerk and served on the employer and which conforms to § 20-79.3 .
11. If the Department of Social Services or the Department's designee receives payments deducted from income of the obligor pursuant to more than one judicial order or a combination of judicial and administrative orders, the Department or the Department's designee shall first allocate such payments among the obligees under such orders with priority given to payment of the order for current support. Where payments are received pursuant to two or more orders for current support, the Department or the Department's designee shall prorate the payments received on the basis of the amounts due under each such order. Upon satisfaction of any amounts due for current support the Department or the Department's designee shall prorate the remainder of the payments received on the basis of amounts due under any orders for accrued arrearages.

    (1982, c. 298; 1983, c. 481; 1985, c. 488; 1986, c. 594; 1987, cc. 658, 706; 1988, c. 906; 1990, c. 896; 1991, c. 534; 1997, cc. 648, 663; 1998, c. 727; 2018, c. 707; 2020, c. 722.)

Cross references. - As to priority of orders to withhold and deliver property incident to support orders, see § 63.2-1929 .

Editor's note. - Acts 2020, c. 722, cl. 3 provides: "That nothing in this act shall be construed to define or redefine 'independent contractor' under the common law or for any purpose other than the withholding of income of an independent contractor for the payment of a support obligation."

The 2018 amendments. - The 2018 amendment by c. 707, in subsection A, inserted a comma following " § 20-79.2 " in the first sentence and redesignated former clauses (i) and (ii) as clauses (a) and (b) in the fourth sentence; and made stylistic changes.

The 2020 amendments. - The 2020 amendment by c. 722 inserted a new subsection A and redesignated accordingly; in subsection B, deleted "The terms 'employer' and 'income' shall have the meanings prescribed in § 63.2-1900 " following the first sentence and substituted "on the basis of" for "based on" and "that" for "which" in the last sentence; in subsection C, inserted "or other income" in the first paragraph in the last sentence; in subsection F, inserted "or independent contractor" in the penultimate sentence; in subsection J, substituted "If the employee is not an independent contractor, the" for "The" in the first sentence and made stylistic changes.

Michie's Jurisprudence. - For related discussion, see 14A M.J. Parent and Child, § 4.

§ 20-79.2. Immediate income deduction; income withholding.

1. For the purposes of this section, the terms "employer" and "income" shall have the same meanings ascribed to them in § 63.2-1900 .
2. Every initial order entered on or after July 1, 1995, directing a person to pay child support shall include a provision for immediate withholding from the income of the obligor for the amount of the support order, plus an amount for the liquidation of arrearages, if any, unless the obligor and either the obligee or the Department on behalf of the obligee, agree in writing to an alternative payment arrangement or one of the parties demonstrates and the court finds good cause for not imposing immediate withholding. In determining whether good cause is shown, the court shall consider the obligor's past financial responsibility, history of prior payment under any support order, and any other matter that the court considers relevant to the likelihood of payment in accordance with the support order. An alternative payment arrangement may include but is not limited to, a voluntary income assignment pursuant to § 20-79.1 or 63.2-1945 . An order that modifies an initial order may include a provision for immediate income withholding. The total amount withheld shall not exceed the maximum amount permitted under § 34-29 . A withholding order issued to an obligor's employer pursuant to this section shall conform to § 20-79.3 . The rights and obligations of the employer with respect to the order are set out in § 20-79.3 . The order shall direct the employer to forward payments to the Department for recording and disbursement to the obligee, or as otherwise required by law. The Department shall not charge a fee for recording and disbursing payments when it is providing support enforcement services to the obligee pursuant to § 63.2-1904 or 63.2-1908 . (1988, c. 906; 1990, cc. 836, 896; 1991, c. 534; 1995, c. 714; 1998, c. 727; 2020, c. 722.)

Cross references. - As to priority of orders to withhold and deliver property incident to support orders, see § 63.2-1929 .

Editor's note. - Effective October 1, 2002, the references to former Title 63.1 were substituted with references to Title 63.2 to conform with the recodification of Title 63.1 by Acts 2002, c. 747.

Acts 2020, c. 722, cl. 3 provides: "That nothing in this act shall be construed to define or redefine 'independent contractor' under the common law or for any purpose other than the withholding of income of an independent contractor for the payment of a support obligation."

The 2020 amendments. - The 2020 amendment by c. 722 inserted subsection A and redesignated the rest as subsection B; in subsection B, substituted "that" for "which" and made stylistic changes.

Applied in Cass v. Lassiter, 2 Va. App. 273, 343 S.E.2d 470 (1986).

§ 20-79.3. Information required in income deduction order.

1. For the purposes of this section, the terms "employee," "employer," "income," and "independent contractor" shall have the same meanings ascribed to them in § 63.2-1900 .
2. Orders for withholding from the income of an employee or independent contractor shall state and include the following:
   1. The name and correct social security number of the obligor and the name and correct address of the payee;
   2. That the employer shall withhold and pay out of the disposable income as defined in § 63.2-100 , a single monetary amount or the maximum amount permitted under § 34-29 , whichever is less, for each regular pay period of the obligor and such payment may be by check. If the employee is an independent contractor, then the order shall state that the employer shall withhold and pay out of the obligor's income a single monetary amount or the maximum amount permitted under § 34-29 , whichever is less, for each instance of compensation of the obligor, once the aggregate amount of remuneration reaches $600 or more in a calendar year, and such payment may be by check;
   3. That the income deduction shall begin with the next regular pay period of the obligor following service of the order on the employer, and payment shall be made at regular intervals consistent with the pay periods of the obligor, or, if the obligor is an independent contractor, the order shall begin with the next instance of compensation of the obligor, and payment shall be made at each instance of compensation of the obligor;
   4. A statement of the maximum percentage under § 34-29 that may be withheld from the obligor's disposable income;
   5. That, to the extent required by the provisions for health care coverage contained in the order, the employer shall (i) enroll the employee, the employee's spouse or former spouse, and the employee's dependent children listed in the order as covered persons in a group health insurance plan or other similar plan providing health care services or coverage offered by the employer, without regard to enrollment season restrictions, if the subject spouse, former spouse, or children are eligible for such coverage under the employer's enrollment provisions and (ii) deduct any required premiums from the employee's income to pay for the insurance. If more than one plan is offered by the employer, the spouse, former spouse, or children shall be enrolled prospectively in the insurance plan in which the employee is enrolled or, if the employee is not enrolled, in the least costly plan otherwise available. The employer shall also enroll the children of an employee in the appropriate health coverage plan upon application by the children's other parent or legal guardian or upon application by the Department of Medical Assistance Services. In each case that is being enforced by the Department of Social Services, the employer shall respond to such orders by advising the Department in which plan the children are enrolled or if the children are ineligible for any plan through the employer. The order to the employer shall specify either support withholdings or insurance premium deductions as having priority for the duration of the order in the event the maximum total deduction permitted at any time by § 34-29 is insufficient to fully cover both; the employer shall consider and direct insurance premium deductions and support withholdings the same for purposes of § 34-29. The employer shall not be held liable for any medical expenses incurred on behalf of the spouse, former spouse, or dependent children because of the employer's failure to enroll the spouse, former spouse, or dependent children in a health care plan after being directed to do so by a court or the Department. The employer shall not be obligated to subsequently make or change such enrollment if the group health insurance plan or other factors change after the spouse's, former spouse's, or child's eligibility or ineligibility for coverage is initially determined in response to the order for withholding. However, the employer shall not disenroll such children unless the employer (i) is provided satisfactory written evidence that such court or administrative order is no longer in effect, (ii) is provided satisfactory written evidence that the children are or will be enrolled in a comparable health coverage plan that will take effect not later than the effective date of such disenrollment, or (iii) has eliminated family health coverage for all of its employees. A one-time fee of no more than $5 may be charged by the employer to the employee for the administration of this requirement;
   6. That a fee of $5 for each reply or remittance on account of the obligor may be charged by the employer and withheld from the obligor's income in addition to the support amount to be withheld; however, child support withholding amounts collected from unemployment insurance benefits shall not be subject to this fee;
   7. That the order is binding upon the employer and obligor and withholding is to continue until further notice by order of the court or the Department is served, or the obligor is no longer employed, whichever occurs first;
   8. That the order shall have priority over any other types of liens created by state law against such income, except that if there is more than one court or administrative order for withholding for support against an obligor, the employer shall prorate among the orders based upon the current amounts due pursuant to more than one judicial or administrative order or a combination thereof, with any remaining amounts prorated among the accrued arrearages, if any, to the extent that the amounts withheld, when combined, do not exceed the maximum limits imposed under § 34-29 as specified in the order being honored;
   9. That the obligor's rights are protected pursuant to § 63.2-1944 and that no employer shall discharge any employee, take disciplinary action against an employee, or terminate a contract with or refuse to employ a person by reason of the fact that his income has been made subject to a deduction pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 or § 20-79.1 or 20-79.2 and an employer who discharges or takes disciplinary action against an employee or terminates a contract with or refuses to employ any person because of an order for withholding under these sections shall be liable for a civil fine of not more than $1,000;
   10. The address to which the withholding is to be sent at the Department of Social Services and the case number, if available;
   11. That the employer shall be liable for payments that he fails to withhold or mail as specified in the order;
   12. That employers shall remit payments on each regular pay date of the obligor, or instance of compensation if the obligor is an independent contractor, or, if electronic funds transfer is used, within four days of the pay date, directly to the Division of Child Support Enforcement for disbursement. All employers with at least 100 employees and all payroll processing firms with at least 50 clients shall remit payments by electronic funds transfer;
   13. That the employer shall be deemed to have complied with the order by (i) mailing on each regular pay date of the obligor, or instance of compensation if the obligor is an independent contractor, to the Department, by first-class mail, any amount required to be deducted or (ii) submitting such amounts by electronic funds transfer transmitted within four days of the obligor's regular pay date or instance of compensation;
   14. That the employer and obligor shall notify the Department promptly when the obligor terminates employment and shall provide the last known address of the obligor and name and address of the new employer, if known;
   15. That amounts withheld from multiple employees identified as such by (i) amount, (ii) name, (iii) social security number, (iv) case number if provided in the order, and (v) date payment was withheld from obligor's income may be combined into a single payment when payable to the same payee;
   16. No order or directive shall require employers of 10,000 or more employees to make payments other than by combined single payment to the Department's central office in Richmond, without the employer's express written consent, unless the order is from a support enforcement agency outside the Commonwealth;
   17. Payment pursuant to an order issued under this section shall serve as full acquittance of the employer under any contract of employment;
   18. Notice that any employer who fails to timely withhold payments pursuant to this section shall be liable for any amount not timely withheld;
   19. That the employer shall provide to the employee or independent contractor a copy of the withholding order and the notice to the employee sent by the court.
3. If the employer receives an order that (i) does not contain the obligor's correct social security number, (ii) does not specify a single monetary amount to be withheld per regular pay period interval of the obligor, unless the obligor is an independent contractor or the order is for lump sum withholding, (iii) does not state the maximum percentage that may be withheld pursuant to § 34-29 , (iv) contains information that is in conflict with the employer's current payroll records, or (v) orders payment to an entity other than to the Department of Social Services or the Department's designee, the employer may deposit in the mail or otherwise file a reply to that effect within five business days from service of such order. The order shall be void from transmission or filing of such reply unless the court or the Department, as applicable, finds that the reply is materially false. In addition, an employer of 10,000 or more persons may also file a reply, with like effect, if payment is ordered other than by combined single payment in the case of withholdings from multiple employees to the Department's central office in Richmond, without the employer's express written consent, unless the order is from a support enforcement agency outside the Commonwealth. (1990, c. 896; 1991, cc. 651, 694; 1994, c. 767; 1996, c. 416; 1998, c. 727; 2001, c. 209; 2006, c. 365; 2007, c. 557; 2020, c. 722.)

Cross references. - As to failure to comply with support obligation, see § 16.1-278.16.

As to authority of the Department of Social Services, in the absence of a court order, to direct the payment of child and child and spousal support, and under certain circumstances health care coverage, including requirements specified for employers pursuant to § 20-79.3 A 5, see § 63.2-1903 .

As to issuance of an administrative order for withholding of income incident to a support order, see §§ 63.2-1923 , 63.2-1924 . As to issuance to an employer for withholding pursuant to a support order, see § 63.2-1929 .

For requirement that assignment of earnings to satisfy a support debt be honored when ordered by the Commissioner of Social Services by a payroll deduction order conforming to § 20-79.3 , see § 63.2-1945 .

Editor's note. - Acts 2020, c. 722, cl. 3 provides: "That nothing in this act shall be construed to define or redefine 'independent contractor' under the common law or for any purpose other than the withholding of income of an independent contractor for the payment of a support obligation."

The 2001 amendments. - The 2001 amendment by c. 209 inserted "however, child support withholding amounts collected from unemployment insurance benefits shall not be subject to this fee" at the end of subdivision A 6.

The 2006 amendments. - The 2006 amendment by c. 365, effective March 30, 2006, substituted "prorate among the orders ... accrued arrearages, if any" for "honor the terms of the earliest received order, and subsequent orders shall be honored in the order of receipt" in subdivision A 8.

The 2007 amendments. - The 2007 amendment by c. 557 deleted " § " preceding "20-79.2" in subdivision A 9; and added the last sentence in subdivision A 12.

The 2020 amendments. - The 2020 amendment by c. 722 inserted subsection A; designated the following paragraph with its of subdivisions 1 through 19 as subsection B, with the subdivision becoming subdivisions B 1 through B 19; redesignated subsection B as subsection C; in subdivision B 2, inserted "such" in the first sentence and substituted "If the employee is an independent contractor, then the order shall state that the employer shall withhold and pay out of the obligor's income a single monetary amount or the maximum amount permitted under § 34-29 , whichever is less, for each instance of compensation of the obligor, once the aggregate amount of remuneration reaches $600 or more in a calendar year, and such payment may be by check" for "The terms 'employer' and 'income' shall have the meanings prescribed in § 63.2-1900 " in the second sentence; in subdivision B 3, added "or, if the obligor is an independent contractor, the order shall begin with the next instance of compensation of the obligor, and payment shall be made at each instance of compensation of the obligor"; in subdivision B 4 and B 11, substituted "that" for "which"; in subdivision B 5, substituted "case that" for "case which" in the fourth sentence and substituted "plan that" for "plan which" in the penultimate sentence in clause (ii); in subdivision B 9, inserted "terminate a contract with or" and "terminates a contract with or"; in subdivision B 12, inserted "or instance of compensation if the obligor is an independent contractor"; in subdivision B 13, inserted "or instance of compensation if the obligor is an independent contractor" in clause (i), deleted "by" preceding "submitting" in clause (ii), and added "or instance of compensation" at the end of clause (ii); in subdivision B 19, inserted "or independent contractor"; in subsection C in the first sentence, inserted "unless the obligor is an independent contractor or the order is for lump sum withholding" in clause (ii) and substituted "that" for "which" in clauses (iii) and (iv) and made stylistic changes.

Law review. - For 2006 survey article, "Family and Juvenile Law," see 41 U. Rich. L. Rev. 151 (2006).

For 2007 annual survey article, "Labor and Employment Law," see 42 U. Rich. L. Rev. 489 (2007).

Michie's Jurisprudence. - For related discussion, see 14A M.J. Parent and Child, § 4.

§ 20-80. Violation of orders; trial; forfeiture of recognizance.

If at any time the court may be satisfied by information and due proof that the defendant has violated the terms of such order, it may forthwith proceed with the trial of the defendant under the original charge, or sentence him or her, under the original conviction, or annul suspension of sentence, and enforce such sentence, or in its discretion may extend or renew the term of probation as the case may be. Upon due proof that the terms of such order have been violated, the court shall in any event have the power to declare the recognizance forfeited, the sum or sums thereon to be paid, in the discretion of the court, in whole or in part to the defendant's spouse, or to the guardian, curator, custodian or trustee of the minor child or children, or to an organization or individual designated by the court to receive the same.

(Code 1919, § 1940; 1918, p. 761; 1922, p. 846; 1974, c. 464.)

Applied in Jones v. Robinson, 229 Va. 276 , 329 S.E.2d 794 (1985).

§ 20-81. Presumptions as to desertion and abandonment.

Proof of desertion or of neglect of spouse, child or children by any person shall be prima facie evidence that such desertion or neglect is willful; and proof that a person has left his or her spouse, or his or her child or children in destitute or necessitous circumstances, or has contributed nothing to their support for a period of thirty days prior or subsequent either or both to his or her departure, shall constitute prima facie evidence of an intention to abandon such family.

(Code 1919, § 1941; 1918, p. 761; 1922, p. 846; 1974, c. 464.)

§ 20-82. Spouses competent as witnesses.

In every prosecution under this chapter, persons married to each other shall be competent witnesses to testify against each other in all relevant matters, including the facts of such marriage, provided that neither shall be compelled to give evidence incriminating himself.

(Code 1919, § 1941; 1918, p. 761; 1922, p. 846; 2020, c. 900.)

The 2020 amendments. - The 2020 amendment by c. 900 substituted "under this chapter, persons married to each other" for "under this chapter both husband and wife" and at the end deleted "or herself."

Law review. - For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981).

§ 20-83. Venue of offense.

Any offense under this chapter shall be held to have been committed in any county or city in which such spouse, child or children may be at the time of desertion, or in which such child or children may be or remain, with the knowledge and acquiescence of the accused, in destitute or necessitous condition, or where the accused shall be found in this Commonwealth.

(Code 1919, § 1942; 1918, p. 761; 1922, p. 846; 1975, c. 644.)

Applied in Jones v. Robinson, 229 Va. 276 , 329 S.E.2d 794 (1985).

§ 20-83.1. Transfer of cases between courts in certain instances.

1. In the event that a spouse or dependent child has left the jurisdiction of the court in which the original petition was filed, but is still within the Commonwealth, and the accused is not within the jurisdiction embraced by such court, on motion of the spouse or child, or accused or the person having custody of such child, the court in which the original petition was filed may transfer the case to the court having original jurisdiction to hear such petitions in the county or city in this Commonwealth in which the spouse or child or accused resides. The court to which such case has been transferred shall have power to enforce such orders and decrees as may have been made in the court transferring the case as though the petition had been originally filed therein, and to make such other orders and decrees as may be necessary to enforce the provisions of this chapter.
2. In the event that an appeal is pending in a court of record in this Commonwealth from the decision of any court having jurisdiction to hear such petitions, upon motion of the spouse or child, or the person having custody of the child, stating that such spouse or child no longer resides within the jurisdiction of such court of record, such court, upon reaching its decision, may transfer the case to the court having original jurisdiction to hear such petitions in the county or city in which the spouse or child resides in the same manner and to the same effect as provided in subsection (a) hereof.

   (1964, c. 12; 1974, c. 464.)

§ 20-84. Extradition.

Whenever the judge of, or magistrate serving, the jurisdiction wherein such offense is alleged to have been committed shall, after an investigation of the facts and circumstances thereof, certify that in his opinion the charge is well founded and the case a proper one for extradition, or in any case if the cost of extradition is borne by the parties interested in the case, the person charged with having left the Commonwealth with the intention of evading the terms of his or her probation or of abandoning or deserting his or her spouse, or his or her child or children, or failing to support them, shall be apprehended and brought back to the county or city having jurisdiction of the case in accordance with the law providing for the apprehension and return to the Commonwealth of fugitives from justice, and upon conviction punished as hereinabove provided.

(Code 1919, § 1942; 1918, p. 761; 1922, p. 846; 1974, c. 464; 2008, cc. 551, 691.)

The 2008 amendments. - The 2008 amendments by cc. 551 and 691 are identical and substituted "judge of, or magistrate serving, the jurisdiction wherein such offense" for "judge or magistrate within whose jurisdiction such offense" near the beginning.

Michie's Jurisprudence. - For related discussion, see 8A M.J. Extradition, § 2.

§§ 20-85, 20-86.

Repealed by Acts 1988, c. 495.

§ 20-87. Arrest for violating directions, rules or regulations given by judge.

Whenever the chief of police or sheriff becomes satisfied that such person is violating the directions, rules or regulations given or prescribed by the judge for his or her conduct, such chief of police or sheriff shall have authority to arrest such person after a proper capias or warrant has been issued for such person and forthwith carry him before the court before whom he or she was first brought.

(Code 1919, § 1944; 1918, p. 762; 1922, p. 847; 1974, c. 464; 1975, c. 644; 1988, c. 495.)

§ 20-87.1.

Repealed by Acts 2003, c. 467.

Cross references. - For authority of Department of Social Services to obtain information from other state agencies, public service corporations and companies to assist in locating parents who have deserted their children, see § 63.2-1902 .

§ 20-88. Support of parents by children.

It shall be the joint and several duty of all persons eighteen years of age or over, of sufficient earning capacity or income, after reasonably providing for his or her own immediate family, to assist in providing for the support and maintenance of his or her mother or father, he or she being then and there in necessitous circumstances.

If there be more than one person bound to support the same parent or parents, the persons so bound to support shall jointly and severally share equitably in the discharge of such duty. Taking into consideration the needs of the parent or parents and the circumstances affecting the ability of each person to discharge the duty of support, the court having jurisdiction shall have the power to determine and order the payment, by such person or persons so bound to support, of that amount for support and maintenance which to the court may seem just. Where the court ascertains that any person has failed to render his or her proper share in such support and maintenance it may, upon the complaint of any party or on its own motion, compel contribution by that person to any person or authority which has theretofore contributed to the support or maintenance of the parent or parents. The court may from time to time revise the orders entered by it or by any other court having jurisdiction under the provisions of this section, in such manner as to it may seem just.

The juvenile and domestic relations district court shall have exclusive original jurisdiction in all cases arising under this section. Any person aggrieved shall have the same right of appeal as is provided by law in other cases.

All proceedings under this section shall conform as nearly as possible to the proceedings under the other provisions of this chapter, and the other provisions of this chapter shall apply to cases arising under this section in like manner as though they were incorporated in this section. Prosecutions under this section shall be in the jurisdiction where the parent or parents reside.

This section shall not apply if there is substantial evidence of desertion, neglect, abuse or willful failure to support any such child by the father or mother, as the case may be, prior to the child's emancipation or, except as provided hereafter in this section, if a parent is otherwise eligible for and is receiving public assistance or services under a federal or state program.

To the extent that the financial responsibility of children for any part of the costs incurred in providing medical assistance to their parents pursuant to the plan provided for in § 32.1-325 is not restricted by that plan and to the extent that the financial responsibility of children for any part of the costs incurred in providing to their parents services rendered, administered or funded by the Department of Behavioral Health and Developmental Services is not restricted by federal law, the provisions of this section shall apply. A proceeding may be instituted in accordance with this section in the name of the Commonwealth by the state agency administering the program of assistance or services in order to compel any child of a parent receiving such assistance or services to reimburse the Commonwealth for such portion of the costs incurred in providing the assistance or services as the court may determine to be reasonable. If costs are incurred for the institutionalization of a parent, the children shall in no case be responsible for such costs for more than sixty months of institutionalization.

Any person violating the provisions of an order entered pursuant to this section shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $500 or imprisonment in jail for a period not exceeding twelve months or both.

(1920, p. 413; 1922, p. 544; 1928, p. 745; 1942, p. 406; Michie Code 1942, § 1944a; 1952, c. 510; 1954, c. 481; 1962, c. 557; 1968, c. 665; 1970, c. 278; 1974, c. 657; 1975, c. 644; 1982, c. 472; 1984, c. 781; 2009, cc. 813, 840.)

Cross references. - As to punishment for conviction of a misdemeanor, see § 18.2-11 .

Editor's note. - Acts 1993, c. 930, cl. 3, as amended by Acts 1994, c. 564, cl. 2, and Acts 1996, c. 616, cl. 4, provides that the amendment to this section by Acts 1993, c. 930, cl. 1, shall become effective June 1, 1998, "if state funds are provided, including all local costs, to carry out the purposes of this bill by the General Assembly." The funding was not provided.

The 2009 amendments. - The 2009 amendments by cc. 813 and 840 are identical and substituted "Behavioral Health and Developmental" for "Mental Health, Mental Retardation and Substance Abuse" in the sixth paragraph.

Law review. - For survey of the Virginia law on domestic relations for the year 1967-1968, see 54 Va. L. Rev. 1215 (1968). For article on paying the medical bills of elderly parents, see 19 U. Rich. L. Rev. 69 (1984).

For survey, "Grow Up Virginia: Time to Change Our Filial Responsibility Law," see 51 U. Rich. L. Rev. 265 (2016).

Michie's Jurisprudence. - For related discussion, see 14A M.J. Parent and Child, § 24.

§ 20-88.01.

Repealed by Acts 1992, c. 662.

Cross references. - For present provisions relating to transfer of assets to qualify for assistance and liability of transferees, see § 20-88.02 .

§ 20-88.02. Transfer of assets to qualify for assistance; liability of transferees.

1. As used in this section, "uncompensated value" means the aggregate amount by which the fair market value of all property or resources, including fractional interests, transferred by any transferor after the effective date of and subject to this section, exceeds the aggregate consideration received for such property or resources.
2. Within thirty months prior to the date on which any person receives benefits from any program of public assistance or social services as defined in § 63.2-100 , if such person has transferred any property or resources resulting in uncompensated value, the transferee of such property or resources shall be liable to repay the Commonwealth for benefits paid on behalf of the transferor up to the amount of that uncompensated value less $25,000.
3. In their discretion, the heads of the agencies which administer the appropriate program or programs of public assistance may petition the circuit court having jurisdiction over the property or over the transferee for an order requiring repayment. That order shall continue in effect, as the court may determine, for so long as the transferor receives public assistance or until the uncompensated value is completely repaid. With respect to all transfers subject to this section, a rebuttable presumption is created that the transferee acted with the intent and for the purpose of assisting the transferor to qualify for public assistance. If the presumption is rebutted, this section shall not apply and the petition shall be dismissed.
4. After reasonable investigation, the agency or agencies administering the program of public assistance shall not file any petition, and no court shall order payments under subsection B of this section if it is determined that: (i) the uncompensated value of the property transferred is $25,000 or less, (ii) that the property transferred was the home of the transferor at the time of the transfer and the transferor or any of the following individuals reside in the home: the transferor's spouse, any natural or adopted child of the transferor under the age of twenty-one years or any natural or adopted child of the transferor, regardless of age, who is blind or disabled as defined by the federal Social Security Act or the Virginia Medicaid Program, or (iii) the transferee is without financial means or that such payment would work a hardship on the transferee or his family. If the transferee does not fully cooperate with the investigating agency to determine the nature and extent of the hardship, there shall be a rebuttable presumption that no hardship exists.

   (1992, c. 662; 2002, c. 747.)

The 2002 amendments. - The 2002 amendment by c. 747, effective October 1, 2002, substituted "or social services as defined in § 63.2-100 " for "as defined in § 63.1-87" in subsection B.

§ 20-88.02:1. Limitations on spousal support orders resulting in eligibility for medical assistance services; definitions.

1. Whenever any court shall determine that any petition for a spousal support order will have the effect of rendering either spouse eligible for medical assistance services or for accelerating eligibility for medical assistance services, and the community spouse is asking for additional resources which will bring his total resources to an amount in excess of the federally established maximum spousal resource allowance:
   1. The court shall not enter the requested spousal support order unless the court first orders the institutionalized spouse to make available the maximum income contribution to the community spouse.
   2. The court must ascertain, when determining additional income in excess of the federally established community spouse minimum monthly maintenance needs allowance, that the increase is necessary due to exceptional circumstances resulting in significant financial duress to the community spouse.
   3. When determining the amount of any additional resources to be allowed to raise the community spouse's income up to either the federally established community spouse minimum monthly maintenance needs allowance or in excess of such minimum monthly maintenance needs allowance, the amount of such additional resources to be allowed shall be the greater of (i) those additional resources necessary to generate an amount sufficient to increase the community spouse's income to the applicable monthly needs or income allowance, as the case may be when based on the current earnings of such resources or (ii) the amount necessary, at the time of the court's deliberations, to purchase a single premium annuity that would generate monthly income to the community spouse in an amount sufficient to increase the community spouse's income to the applicable monthly needs or income allowance, as the case may be.
2. For the purpose of making the determinations required by this section:

   "Community spouse" means the spouse of an individual residing in a medical institution or nursing facility.

   "Federally established maximum spousal resource allowance" means that amount established as the maximum spousal resource allowance in 42 U.S.C. 1396r-5 (f) (2) (A) as adjusted annually in accordance with 42 U.S.C. 1396r-5 (g).

   "Institutionalized spouse" means an individual who has been residing in a medical institution or nursing facility for at least thirty consecutive days and who is married to an individual who is not residing in a medical institution or nursing facility.

   "Significant financial duress" means, but is not limited to, threatened loss of basic shelter, food or medically necessary health care or the financial burden of caring for a disabled child, sibling or other immediate relative.

   (1994, cc. 836, 952.)

Editor's note. - Acts 1994, cc. 836 and 952, cl. 2, provide: "That effective January 1, 1994, the federally established maximum spousal resource allowance became $72,660."

§§ 20-88.1 through 20-88.11.

Repealed by Acts 1952, c. 516.

The numbers of §§ 20-88.1 through 20-88.11 were assigned by the Virginia Code Commission, the 1950 act having assigned no numbers.

Cross references. - For new sections relating in part to similar subject matter, see §§ 20-88.32 through 20-88.82.

§§ 20-88.12 through 20-88.31.

Repealed by Acts 1994, c. 673.

Cross references. - For new sections covering same subject matter as the repealed sections, see Title 20, §§ 20-88.32 through 20-88.80 .

§ 20-88.32. Definitions.

In this chapter:

"Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

"Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.

"Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.

"Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

"Employer" means the source of any income as defined in § 63.2-1900 .

"Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:

1. That has been declared under the law of the United States to be a foreign reciprocating country;
2. That has established a reciprocal arrangement for child support with the Commonwealth as provided in § 20-88.50 ;
3. That has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or
4. In which the Convention is in force with respect to the United States. "Foreign support order" means a support order of a foreign tribunal. "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention. "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period. "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of the Commonwealth. "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, to withhold support from the obligor's income as defined in § 63.2-1900 . "Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child. "Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child. "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. "Law" includes decisional and statutory law and rules and regulations having the force of law. "Obligee" means (i) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued, (ii) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support, (iii) an individual seeking a judgment determining parentage of the individual's child, or (iv) a person that is a creditor in a proceeding under Article 13 (§ 20-88.83 et seq.). "Obligor" means an individual, or the estate of a decedent that (i) owes or is alleged to owe a duty of support, (ii) is alleged but has not been adjudicated to be a parent of a child, (iii) is liable under a support order, or (iv) is a debtor in a proceeding under Article 13 (§ 20-88.83 et seq.). "Outside the Commonwealth" means a location in another state, political subdivision of a state, or a country other than the United States, whether or not the country is a foreign country. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. "Register" means to file in a tribunal of the Commonwealth a support order or judgment determining parentage of a child issued in another state or a foreign country.

   "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered.

   "Responding state" means a state or a foreign country in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.

   "Responding tribunal" means the authorized tribunal in a responding state or foreign country.

   "Spousal-support order" means a support order for a spouse or former spouse of the obligor.

   "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe.

   "Support enforcement agency" means a public official, governmental entity, or private agency authorized to (i) seek enforcement of support orders or laws relating to the duty of support, (ii) seek establishment or modification of child support, (iii) request determination of parentage of a child, (iv) attempt to locate obligors or their assets, or (v) request determination of the controlling child support order. A support enforcement agency of the Commonwealth is not authorized to establish or enforce a support order for spousal support only.

   "Support order" means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney's fees, and other relief.

   "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child; however, the support enforcement agency of the Commonwealth has no authority to establish or enforce a support order for spousal support only.

   (1994, c. 673; 1995, c. 484; 1996, cc. 882, 925; 1997, cc. 797, 897; 1998, c. 727; 2005, c. 754; 2015, c. 727.)

Cross references. - As to child support enforcement, see § 63.2-1900 et seq.

Uniform law cross references. - For other signatory state provisions of the 1996 or 2001 Uniform Interstate Family Support Act, see:

Alabama: Code of Ala. §§ 30-3D-101 to 30-3D-902.

Alaska: Alaska Stat. §§ 25.25.101 to 25.25.903.

Arizona: A.R.S. §§ 25-1201 to 25-1342.

Arkansas: A.C.A. §§ 9-17-101 to 9-17-902.

California: California Fam. Code §§ 5700.101 to 5700.905.

Colorado: C.R.S. §§ 14-14-101 to 14-14-113.

Delaware: 13 Del. C. §§ 6-101 to 6-903.

District of Columbia: D.C. Code §§ 46-301.01 to 46-309.01.

Florida: Fla. Stat. §§ 88.0011 to 88.9031.

Georgia: Ga. Code §§ 19-11-100 to 19-11-191.

Hawaii: H.R.S. §§ 576B-101 to 576B-902.

Idaho: Idaho Code §§ 7-1001 to 7-1062.

Illinois: 750 I.L.C.S. 22/100 to 22/999.

Indiana: Burns Ind. Code Ann. 31-18.5-1-1 to 31-18.5-9-1.

Iowa: Iowa Code §§ 252K.101 to 252K.904.

Kansas: K.S.A. §§ 23-36,101 to 23-36,903.

Kentucky: K.R.S. 407.5101 to 407.5902.

Louisiana: La. Ch.C. Art. 1301.1 - 1309.3.

Maine: 19-A M.R.S. §§ 2801 to 3401.

Maryland: Family Law §§ 10-301 to 10-371.

Massachusetts: Mass. Ann. Laws c. 209D §§ 1-101 to 9-902.

Michigan: M.C.L.S. §§ 552.1101 to 552.1901.

Minnesota: Minn. Stat. §§ 518C.101 to 518C.902.

Mississippi: Miss. Code Ann. §§ 93-25-101 to 93-25-903.

Missouri: §§ 454.849 to 454.999 R.S.Mo.

Montana: Mont. Code Anno. §§ 40-5-1001 to 40-5-1092.

Nebraska: R.R.S. Neb. §§ 42-701 to 42-751.01.

Nevada: Nev. Rev. Stat. Ann. §§ 130.0902 to 130.802.

New Hampshire: R.S.A.. §§ 546-B:1 to 546-B:59.

New Jersey: N.J. Stat. 2A:4-30.65 to 2A:4-30.122.

New Mexico: N.M. Stat. Ann. §§ 40-6A-101 to 40-6A-903.

New York: NY CLS Family Ct. Act §§ 580-101 to 580-905.

North Carolina: N.C. Gen. Stat. §§ 52C-1-100 to 52C-9-902.

North Dakota: N.D. Cent. Code 14-12.2-01 to 14-12.2-49.

Ohio: O.R.C. Ann. §§ 3115.101 to 3115.903.

Oklahoma: 43 Okl. St. Ann. §§ 601-101 to 601-903.

Pennsylvania: 23 Pa. C.S.A. §§ 7101 to 7902.

Rhode Island: R.I. Gen. Laws §§ 15-23.1-100 to 15-23.1-907.

South Carolina: S.C. Code Ann. §§ 63-17-2900 to 63-17-4040.

South Dakota S.D. Codified Laws 25-9C-101 to 25-9C-903.

Tennessee: Tenn. Code Ann. §§ 36-5-2001 to 36-5-2902.

Texas: Tex. Fam. Code §§ 159.001 to 159.902.

Utah: Utah Code Ann. § 78B-14-101 to 78B-14-902.

Vermont: 15B V.S.A §§ 1101 to 1903.

Virgin Islands: 16 V.I.C. §§ 391 through 451.

Washington: Rev. Code Wash. §§ 26.21A.005 to 26.21A.915.

West Virginia: W. Va. Code §§ 48-16-101 to 48-16-903.

Wisconsin: Wis. Stat. §§ 769.101 to 769.903.

Wyoming: Wyo. Stat. §§ 20-4-139 to 20-4-194.

The 2005 amendments. - The 2005 amendment by c. 754 deleted "amounts for child or spousal" preceding "support" in the "Income-withholding order" paragraph, "the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act" in the "Initiating state" and "Responding state" paragraphs, added the paragraph defining "Record," rewrote the paragraph defining "State," in the paragraph defining "Support enforcement agency" substituted "location of" for "or locating" and inserted "or determination of the controlling child support order," inserted "issued by a tribunal" in the paragraph defining "Support order," and made minor stylistic changes.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, added the definitions of "Convention," "Foreign country," "Foreign Support order," "Foreign tribunal," "Outside the Commonwealth," and "Person"; deleted definition of "Initiating state"; and rewrote the remaining definitions.

Law review. - For 1994 survey on Virginia domestic relations law, see 28 U. Rich. L. Rev. 981 (1994).

Michie's Jurisprudence. - For related discussion, see 6A M.J. Divorce and Alimony, §§ 57, 58.1, 78, 78.1; 8A M.J. Extradition, § 2; 9B M.J. Husband and Wife, § 23; 9B M.J. Illegitimate Children, § 5; 14A M.J. Parent and Child, §§ 4, 19.

§ 20-88.32:1. Uniformity of application and construction.

In applying and construing this Uniform Interstate Family Support Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this section effective April 15, 2015, by emergency.

§ 20-88.33. Tribunals of the Commonwealth and support enforcement agency.

1. The juvenile and domestic relations district courts, circuit courts, and the Department of Social Services are the tribunals of the Commonwealth.
2. The Department of Social Services is the support enforcement agency of the Commonwealth.

   (1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 deleted "or family courts upon their creation" and made a minor stylistic change.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted the subsection A designation and added subsection B.

CIRCUIT COURT OPINIONS

In general. - Virginia Uniform Interstate Family Support Act, § 20-88.35 , providing that several methods existed for a tribunal to obtain personal jurisdiction over a nonresident defendant in order to enforce an administrative support order, had a related statutory provision that contemplated that a tribunal described in § 20-88.35 could include a juvenile and domestic relations court, a trial court, or the Department of Social Services. Div. of Child Support Enforcement v. Lee, 58 Va. Cir. 338, 2002 Va. Cir. LEXIS 151 (Roanoke 2002).

§ 20-88.34. Remedies cumulative.

1. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.
2. This chapter does not provide the exclusive method of establishing or enforcing a support order under the law of the Commonwealth or grant a tribunal of the Commonwealth jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter.

   (1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 added the language "including the recognition" to the end of the section.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted the subsection A and B designations and substituted "or the recognition of a foreign support order" for "including the recognition of a support order of a foreign country or political subdivision" in subsection A.

Applied in Commonwealth ex rel. Gagne v. Chamberlain, 31 Va. App. 533, 525 S.E.2d 19 (2000).

§ 20-88.34:1. Application of chapter to resident of foreign country and foreign support proceeding.

1. A tribunal of the Commonwealth shall apply Articles 1 through 9 (§ 20-88.32 et seq.) and, as applicable, Article 13 (§ 20-88.83 et seq.) to a support proceeding involving a foreign support order, a foreign tribunal, or an obligee, obligor, or child residing in a foreign country.
2. A tribunal of the Commonwealth that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Articles 1 through 9 (§ 20-88.32 et seq.).
3. Article 13 (§ 20-88.83 et seq.) applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Article 13 is inconsistent with Articles 1 through 9 (§ 20-88.32 et seq.), Article 13 controls. (2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this section effective April 15, 2015, by emergency.

§ 20-88.35. Bases for jurisdiction over nonresident.

In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of the Commonwealth may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

1. The individual is personally served with process within the Commonwealth;
2. The individual submits to the jurisdiction of the Commonwealth by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
3. The individual resided with the child in the Commonwealth;
4. The individual resided in the Commonwealth and paid prenatal expenses or provided support for the child;
5. The child resides in the Commonwealth as a result of the acts or directives of the individual;
6. The individual engaged in sexual intercourse in the Commonwealth and the child may have been conceived by the act of intercourse;
7. The individual asserted parentage of a child in the Virginia Birth Father Registry maintained in the Commonwealth by the Department of Social Services;
8. The exercise of personal jurisdiction is authorized under subdivision A 8 of § 8.01-328.1 ; or
9. There is any other basis consistent with the constitutions of the Commonwealth and the United States for the exercise of personal jurisdiction. The bases of personal jurisdiction set forth in this section or any other law of the Commonwealth may not be used to acquire personal jurisdiction for a tribunal of the Commonwealth to modify a child support order issued by a tribunal of another state unless the requirements of § 20-88.76 or 20-88.77:3 are met. (1994, c. 673; 2005, c. 754; 2015, c. 727; 2017, c. 200.)

The 2005 amendments. - The 2005 amendment by c. 754 deleted "or modify" following "enforce" in the first paragraph, added the second paragraph of subdivision 7, and made minor stylistic changes.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "of a child" in the first sentence; added subdivisions 6 and 7 and redesignated the remaining subdivisions accordingly.

The 2017 amendments. - The 2017 amendment by c. 200 substituted "Virginia Birth Father Registry" for "putative father registry" in subdivision 7.

§ 20-88.36. Duration of personal jurisdiction.

Personal jurisdiction acquired by a tribunal of the Commonwealth in a proceeding under this chapter or other law of the Commonwealth relating to a support order continues as long as a tribunal of the Commonwealth has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by §§ 20-88.39 , 20-88.40 and 20-88.43:2 .

(1994, c. 673; 1995, c. 484; 2005, c. 754.)

The 2005 amendments. - The 2005 amendment by c. 754 rewrote the section.

§ 20-88.37. Initiating and responding tribunal of the Commonwealth.

Under this chapter, a tribunal of the Commonwealth may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.

(1994, c. 673; 2015, c. 727.)

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, substituted "the Commonwealth" for "this Commonwealth"; inserted "a tribunal of" and "or a foreign country" at the end.

§ 20-88.38. Simultaneous proceedings in another state.

1. A tribunal of the Commonwealth may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or foreign country only if:
   1. The petition or comparable pleading in the Commonwealth is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
   2. The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
   3. If relevant, the Commonwealth is the home state of the child.
2. A tribunal of the Commonwealth may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or foreign country if:
   1. The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in the Commonwealth for filing a responsive pleading challenging the exercise of jurisdiction by the Commonwealth;
   2. The contesting party timely challenges the exercise of jurisdiction in the Commonwealth; and
   3. If relevant, the other state or foreign country is the home state of the child.

      (1994, c. 673; 2015, c. 727.)

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "or foreign country" or "or the foreign country" following "state" throughout, and made minor stylistic changes.

§ 20-88.39. Continuing, exclusive jurisdiction to modify child support order.

1. A tribunal of the Commonwealth that has issued a child support order consistent with the law of the Commonwealth has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order, and:
   1. At the time of the filing of a request for modification, the Commonwealth is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
   2. Even if the Commonwealth is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record that the tribunal of the Commonwealth may continue to exercise its jurisdiction to modify its order.
2. A tribunal of the Commonwealth that has issued a child support order consistent with the law of the Commonwealth may not exercise continuing, exclusive jurisdiction to modify the order if:
   1. All of the parties who are individuals file consent in a record with the tribunal of the Commonwealth that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or who is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
   2. Its order is not the controlling order.
3. If a tribunal of another state has issued a child support order pursuant to this chapter or a law substantially similar to this chapter that modifies a child support order of a tribunal of the Commonwealth, tribunals of the Commonwealth shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
4. A tribunal of the Commonwealth that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
5. A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
6. The support enforcement agency of the Commonwealth is not authorized to establish or enforce a support order for spousal support only.

   (1994, c. 673; 1996, cc. 882, 925; 1997, cc. 797, 897; 2005, c. 754.)

The 2005 amendments. - The 2005 amendment by c. 754 rewrote the section.

§ 20-88.40. Continuing jurisdiction to enforce child support order.

1. A tribunal of the Commonwealth that has issued a child support order consistent with the law of the Commonwealth may serve as an initiating tribunal to request a tribunal of another state to enforce:
   1. The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to this chapter; or
   2. A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
2. A tribunal of the Commonwealth having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.

   (1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 rewrote the section.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "a tribunal of" in subdivision A 2.

§ 20-88.41. Determination of controlling child support order.

1. If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and shall be so recognized.
2. If a proceeding is brought under this chapter, and two or more child support orders have been issued by tribunals of the Commonwealth or another state or foreign country with regard to the same obligor and same child, a tribunal of the Commonwealth having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:
   1. If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls.
   2. If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, (i) an order issued by a tribunal in the current home state of the child controls, or (ii) if an order has not been issued in the current home state of the child, the order most recently issued controls.
   3. If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, a tribunal of the Commonwealth shall issue a child support order, which controls.
3. If two or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or a support enforcement agency, a tribunal of the Commonwealth having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection B. The request may be filed with a registration for enforcement or registration for modification pursuant to Articles 8 (§ 20-88.66 et seq.) and 9 (§ 20-88.74 et seq.) or may be filed as a separate proceeding.
4. A request to determine which is the controlling order shall be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
5. The tribunal that issued the controlling order under subsection A, B or C has continuing jurisdiction to the extent provided in § 20-88.39 or 20-88.40 .
6. A tribunal of the Commonwealth that determines by order which is the controlling order under subdivision B 1 or B 2 or under subsection C or that issues a new controlling order under subdivision B 3 shall state in that order:
   1. The basis upon which the tribunal made its determination;
   2. The amount of prospective support, if any; and
   3. The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by § 20-88.43 .
7. Within 30 days after issuance of an order determining which is the controlling order, the party obtaining that order shall file a certified copy of it in each tribunal that had issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure arises. The failure to file does not affect the validity or enforceability of the controlling order.
8. An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section shall be recognized in proceedings under this chapter.

   (1994, c. 673; 1997, cc. 797, 897; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 substituted "Two or More" for "Multiple" in the article heading; substituted "shall" for "must" and "the" for "this" throughout the section, rewrote subsections B, C and F, added present subsection D, redesignated former subsections D through F as subsections E through G, substituted "has continuing jurisdiction to the extent provided in" for "is the tribunal that has continuing, exclusive jurisdiction in accordance with" in subsection E, in subsection G, substituted "which is" for "the identity of," "or support enforcement agency obtaining" for "who obtains," added subsection H and made minor stylistic changes.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "or foreign country" and "and must be recognized" in subsection B; deleted "and shall be so recognized" from the end of subdivision B 1; substituted "or (ii)" for "but (ii)" in subdivision B 2; and made minor stylistic changes.

§ 20-88.42. Child support orders for two or more obligees.

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of the Commonwealth shall enforce those orders in the same manner as if the orders had been issued by a tribunal of the Commonwealth.

(1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 deleted "multiple" preceding "registrations" and "orders had been"; and substituted "the" for "this" in two places.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "or a foreign country."

§ 20-88.43. Credit for payments.

A tribunal of the Commonwealth shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this or another state or a foreign country.

(1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 rewrote the section.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, added "or a foreign country" at the end.

§ 20-88.43:1. Application to nonresident subject to personal jurisdiction.

A tribunal of the Commonwealth exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of the Commonwealth relating to a support order, or recognizing a foreign support order may receive evidence from outside the Commonwealth pursuant to § 20-88.59 , communicate with a tribunal of another state outside the Commonwealth pursuant to § 20-88.60 and obtain discovery through a tribunal outside the Commonwealth pursuant to § 20-88.61 . In all other respects, Articles 5 through 9 (§ 20-88.44 et seq.) do not apply and the tribunal shall apply the procedural and substantive law of the Commonwealth.

(2005, c. 754; 2015, c. 727.)

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "outside the Commonwealth" wherever it appears; substituted "foreign support order" for "support order of a foreign country or political subdivision on the basis of comity"; deleted "another state" following "evidence from" and "of another state" following "a tribunal"; and substituted "Articles 5 through 9 ( § 20-88.44 et seq.)" for "Articles 5 ( § 20-88.44 et seq.) through 10 ( § 20-88.78 ) of this chapter."

§ 20-88.43:2. Continuing, exclusive jurisdiction to modify spousal support order.

1. A court of the Commonwealth issuing a spousal support order consistent with the law of the Commonwealth has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
2. A court of the Commonwealth may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
3. A court of the Commonwealth that has continuing, exclusive jurisdiction over a spousal support order may serve as:
   1. An initiating court to request a tribunal of another state to enforce the spousal support order issued in the Commonwealth; or
   2. A responding court to enforce or modify its own spousal support order.

      (2005, c. 754; 2015, c. 727.)

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "or a foreign country" and "or foreign country" in subsection B.

Law review. - For annual survey article, "Family Law," see 48 U. Rich. L. Rev. 135 (2013).

§ 20-88.44. Proceedings under this chapter.

1. Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter.
2. An individual or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or foreign country that has or can obtain personal jurisdiction over the respondent.

   (1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 deleted the former subsection B relating to "spousal support or child support," redesignated former subsection C as present subsection B, in subsection B, substituted "initiate" for "commence" and "that" for "which."

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "or foreign country" in subsection B.

§ 20-88.45. Action by minor parent.

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.

(1994, c. 673.)

§ 20-88.46. Application of law of the Commonwealth.

Except as otherwise provided in this chapter, a responding tribunal of the Commonwealth shall apply the procedural and substantive law generally applicable to similar proceedings originating in the Commonwealth and may exercise all powers and provide all remedies available in those proceedings.

A responding tribunal of the Commonwealth shall determine the duty of support and the amount payable in accordance with the law and support guidelines of the Commonwealth.

(1994, c. 673; 2005, c. 754.)

The 2005 amendments. - The 2005 amendment by c. 754, substituted "the" for "this" throughout the section, in the first paragraph, substituted "in" for "by" and deleted "including the rules on choice of law."

Applied in Commonwealth ex rel. Gagne v. Chamberlain, 31 Va. App. 533, 525 S.E.2d 19 (2000).

§ 20-88.47. Duties of initiating tribunal.

1. Upon the filing of a petition authorized by this chapter, an initiating tribunal of the Commonwealth shall forward the petition and its accompanying documents (i) to the responding tribunal or appropriate support enforcement agency in the responding state or, (ii) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
2. If requested by the responding tribunal, a tribunal of the Commonwealth shall issue a certificate or other documents and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of the Commonwealth shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.

   (1994, c. 673; 1997, cc. 797, 897; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 deleted "three copies of" preceding "the petition" in subsection A and rewrote subsection B.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, in subsection B, substituted "tribunal is in a foreign country, upon request the tribunal of the Commonwealth" for "state is a foreign country or political subdivision, upon request the tribunal"; and substituted "foreign tribunal" for "state" at the end.

Editor's note. - Most of the cases cited below were decided under former law corresponding to this section.

§ 20-88.48. Duties and powers of responding tribunal.

1. When a responding tribunal of the Commonwealth receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection B of § 20-88.44 , it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. An order for spousal support only shall be forwarded to the appropriate juvenile and domestic relations court.
2. A responding tribunal of the Commonwealth, to the extent not prohibited by other law, may do one or more of the following:
   1. Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child;
   2. Order an obligor to comply with a support order, specifying the amount and the manner of compliance;
   3. Order income withholding;
   4. Determine the amount of any arrearages, and specify a method of payment;
   5. Enforce orders by civil or criminal contempt, or both;
   6. Set aside property for satisfaction of the support order;
   7. Place liens and order execution on the obligor's property;
   8. Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment;
   9. Issue a capias for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the capias in any local and state computer systems for criminal warrants;
   10. Order the obligor to seek appropriate employment by specified methods;
   11. Award reasonable attorney's fees and other fees and costs; and
   12. Grant any other available remedy.
3. A responding tribunal of the Commonwealth shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.
4. A responding tribunal of the Commonwealth may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.
5. If a responding tribunal of the Commonwealth issues an order under this chapter, the tribunal shall promptly send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
6. If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of the Commonwealth shall convert the amount stated in the foreign currency to the equivalent amount in U.S. dollars under the applicable official or market exchange rate as publicly reported.

   (1994, c. 673; 1996, cc. 882, 925; 1997, cc. 797, 897; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 substituted "the" for "this" throughout the section, deleted "or family" near the end of subsection A, substituted "not prohibited by other law" for "otherwise authorized" in subdivision B, substituted "determine the controlling child support order, or determine parentage" for "or render a judgment to determine parentage" in subdivision B 1, added subsection F and made a minor stylistic change.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, in subdivision B 1, substituted "Establish" for "Issue," and added "of a child" at the end; added "electronic mail address" in subdivision B 8.

§ 20-88.49. Inappropriate tribunal.

If a petition or comparable pleading is received by an inappropriate tribunal of this Commonwealth, it shall forward the pleading and accompanying documents to an appropriate tribunal in this Commonwealth or another state, and notify the petitioner where and when the pleading was sent.

(1994, c. 673; 1997, cc. 797, 897.)

§ 20-88.50. Duties of support enforcement agency.

1. A support enforcement agency of the Commonwealth, upon request, shall provide services to a petitioner in a proceeding under this chapter.
2. In a proceeding under this chapter, a support enforcement agency of the Commonwealth that is providing services to the petitioner shall:
   1. Take all steps necessary to enable an appropriate tribunal of the Commonwealth, another state, or a foreign country to obtain jurisdiction over the respondent;
   2. Request an appropriate tribunal to set a date, time, and place for a hearing;
   3. Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
   4. Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
   5. Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
   6. Notify the petitioner if jurisdiction over the respondent cannot be obtained.
3. A support enforcement agency of the Commonwealth that requests registration of a child support order in the Commonwealth for enforcement or for modification shall make reasonable efforts to ensure that:
   1. The order to be registered is the controlling order; or
   2. If two or more child support orders exist and the identity of the controlling order has not been determined, a request for such a determination is made in a tribunal having jurisdiction to do so.
4. A support enforcement agency of the Commonwealth that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in U.S. dollars under the applicable official or market exchange rate as publicly reported.
5. A support enforcement agency of the Commonwealth shall issue or request a tribunal of the Commonwealth to issue a child support order and an income-withholding order that redirects payment of current support, arrears, and interest to a support enforcement agency of the Commonwealth if requested to do so by a support enforcement agency of another state pursuant to § 20-88.62 .
6. This chapter does not create a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

   (1994, c. 673; 1997, cc. 797, 897; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754, in subsection A, inserted "of the Commonwealth" and deleted "as appropriate," inserted "in a record" in subdivisions A 4 and A 5, added subsections B, C and D, redesignated former subsection B as subsection E, and deleted "or negate" following "create" in subsection E and made minor stylistic changes.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted the subsection B designation and renumbered the remaining subsections accordingly; inserted "In a proceeding under this chapter," at the beginning of subsection B; substituted "of the Commonwealth, another state, or a foreign country" for "in the Commonwealth or another state" in subdivision B 1; and made minor stylistic changes.

§ 20-88.51. Duty of Secretary of Health and Human Resources.

1. If the Secretary of Health and Human Resources determines that the support enforcement agency is neglecting or refusing to provide services to an individual, he may order the agency to perform its duties under this chapter or may provide those services directly to the individual.
2. The Secretary of Health and Human Resources may determine that a foreign country has established a reciprocal arrangement for child support with the Commonwealth and take appropriate action for notification of the determination.

   (1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 substituted "Secretary of Health and Human Resources" for "attorney for the Commonwealth" in the first paragraph and added the last paragraph.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted the subsection A and B designations; deleted "or political subdivision" following "a foreign country" in subsection B.

§ 20-88.52. Private counsel.

An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.

(1994, c. 673.)

§ 20-88.53. Duties of state information agency.

1. The Department of Social Services is the state information agency under this chapter.
2. The state information agency shall:
   1. Compile and maintain a current list, including addresses, of the tribunals in the Commonwealth that have jurisdiction under this chapter and any support enforcement agencies in the Commonwealth and transmit a copy to the state information agency of every other state;
   2. Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;
   3. Forward to the appropriate tribunal in the county or city in the Commonwealth in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country; and
   4. Obtain information concerning the location of the obligor and the obligor's property within the Commonwealth not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.

      (1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754, in subdivision B 3, substituted "county or city" for "place," "obligee who in an individual" for "individual obligee" and made minor stylistic changes.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "names and addresses of" in subdivision B 2; substituted "another state or a foreign country" for "an initiating tribunal or the state information agency of the initiating state" in subdivision B 3; and made minor stylistic changes.

§ 20-88.54. Pleadings and accompanying documents.

1. In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country shall file a petition. Unless otherwise ordered under § 20-88.55 , the petition or accompanying documents shall provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition shall be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
2. The petition shall specify the relief sought. The petition and accompanying documents shall conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.

   (1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 rewrote subsection A and substituted "shall" for "must" in two places in subsection B.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "of a child," "of a tribunal," and "or a foreign country" in the first sentence of subsection A.

Editor's note. - The case cited below was decided under former law corresponding to this section.

§ 20-88.55. Nondisclosure of information in exceptional circumstances.

Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this chapter.

(1994, c. 673.)

§ 20-88.56. Costs and fees.

1. The petitioner may not be required to pay a filing fee or other costs.
2. If an obligee prevails, a responding tribunal of the Commonwealth may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.
3. The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Articles 8 (§ 20-88.66 et seq.) and 9 (§ 20-88.74 et seq.), a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. (1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 substituted "Articles 8 ( § 20-88.66 et seq.) and 9 ( § 20-88.74 et seq.) of this chapter" for "Article 6 ( § 20-88.63 et seq.)" in subsection C.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, in subsection B, inserted "of the Commonwealth" in the first sentence and inserted "or foreign country" in the second sentence; and deleted "of this chapter" following "9 ( § 20-88.74 et seq.)" in subsection C.

§ 20-88.57. Limited immunity of petitioner.

1. Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
2. A petitioner is not amenable to service of civil process while physically present in the Commonwealth to participate in a proceeding under this chapter.
3. The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while present in the Commonwealth to participate in the proceeding.

   (1994, c. 673; 2005, c. 754.)

The 2005 amendments. - The 2005 amendment by c. 754 inserted "under this chapter" in subsection A and substituted "the" for "this" in subsections B and C.

§ 20-88.58. Nonparentage as defense.

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.

(1994, c. 673.)

§ 20-88.59. Special rules of evidence and procedure.

1. The physical presence of a nonresident party who is an individual in a tribunal of the Commonwealth is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.
2. An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them that would not be excluded under the hearsay rule if given in person is admissible in evidence if given under penalty of perjury by a party or witness residing outside the Commonwealth.
3. A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.
4. Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.
5. Documentary evidence transmitted from outside the Commonwealth to a tribunal of the Commonwealth by telephone, telecopier, or other electronic means that does not provide an original record may not be excluded from evidence upon an objection based on the means of transmission.
6. In a proceeding under this chapter, a tribunal of the Commonwealth shall permit a party or witness residing outside the Commonwealth to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of the Commonwealth shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.
7. If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
8. A privilege against disclosure of communication between spouses does not apply in a proceeding under this chapter.
9. The defense of immunity based on the relationship between spouses or of parent and child does not apply in a proceeding under this chapter.
10. A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

    (1994, c. 673; 2005, c. 754; 2015, c. 727; 2020, c. 900.)

The 2005 amendments. - The 2005 amendment by c. 754 substituted "a nonresident party who is an individual in a tribunal" for "the petitioner in a responding tribunal" in subsection A, rewrote subsection B, in subsection E, substituted "record" for "writing" and "upon" for "of", added subsection J and made minor stylistic changes.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, substituted "outside the Commonwealth" for "in another state" and variants wherever it appears; substituted "parentage of a child" for "parentage" in subsections A and D; added "electronic" in subsection E; in subsection F, inserted "under penalty of perjury," deleted "in that state" following "location" in the first sentence and substituted "other tribunals" for "tribunals of other states" in the last sentence.

The 2020 amendments. - The 2020 amendment by c. 900 substituted "between spouses or of" for "of husband and wife or" in subsection I.

§ 20-88.60. Communications between tribunals.

A tribunal of the Commonwealth may communicate with a tribunal outside the Commonwealth in a record, or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal; and the status of a proceeding. A tribunal of the Commonwealth may furnish similar information by similar means to a tribunal outside the Commonwealth.

(1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 inserted "or foreign country or political subdivision" in three places, substituted "a record" for "writing," deleted "of that state" following "the laws" and made minor stylistic changes.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, twice substituted "outside the Commonwealth" for "of another state or foreign country or political subdivision"; and in the first sentence inserted "electronic mail" and deleted "in the other state or foreign country or political subdivision" at the end.

§ 20-88.61. Assistance with discovery.

A tribunal of the Commonwealth may (i) request a tribunal outside the Commonwealth to assist in obtaining discovery and (ii) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside the Commonwealth.

(1994, c. 673; 2015, c. 727.)

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, substituted "the Commonwealth" for "this Commonwealth" and twice substituted "outside the Commonwealth" for "of another state."

§ 20-88.62. Receipt and disbursement of payments.

1. A support enforcement agency or tribunal of the Commonwealth shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The support enforcement agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
2. If neither the obligor, nor the obligee who is an individual, nor the child resides in the Commonwealth, upon request from the support enforcement agency of the Commonwealth or another state, the support enforcement agency of the Commonwealth or a tribunal of the Commonwealth shall:
   1. Order that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and
   2. Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
3. The support enforcement agency of the Commonwealth receiving redirected payments from another state pursuant to a law similar to subsection B shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.

   (1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 inserted the A designation and "support enforcement," added subsections B and C and made a minor stylistic change.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, added "or a foreign country" in the second sentence of subsection A.

§ 20-88.63. Establishment of support order.

1. If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of the Commonwealth with personal jurisdiction over the parties may issue a support order if (i) the individual seeking the order resides outside the Commonwealth or (ii) the support enforcement agency seeking the order is located outside the Commonwealth.
2. The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
   1. A presumed father of the child;
   2. Petitioning to have his paternity adjudicated;
   3. Identified as the father of the child through genetic testing;
   4. An alleged father who has declined to submit to genetic testing;
   5. Shown by clear and convincing evidence to be the father of the child;
   6. An acknowledged father as provided by applicable state law;
   7. The mother of the child; or
   8. An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
3. Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to § 20-88.48 . (1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 rewrote subsection B and made minor stylistic changes.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "with personal jurisdiction over the parties" and twice substituted "outside the Commonwealth" for "in another state" in subsection A.

§ 20-88.63:1. Proceeding to determine parentage.

A tribunal of the Commonwealth authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.

(2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this section effective April 15, 2015, by emergency.

§ 20-88.64. Employer's receipt of income-withholding order of another state.

An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person or entity defined as the obligor's employer as defined in § 63.2-1900 under the income-withholding law of the Commonwealth without first filing a petition or comparable pleading or registering the order with a tribunal of the Commonwealth.

(1994, c. 673; 1997, cc. 797, 897; 1998, c. 727; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 inserted "by or on behalf of the obligee, or by the support enforcement agency" and made minor stylistic changes.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, deleted "by a tribunal" following "An income-withholding order issued."

Law review. - For an article, "Domestic Relations," see 31 U. Rich. L. Rev. 1069 (1997).

§ 20-88.64:1. Employer's compliance with income-withholding order of another state.

1. Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of the Commonwealth.
2. Except as provided in subsection C and § 20-88.64:2 , the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order, as applicable, that specify:
   1. The duration and amount of periodic payments of current child support, stated as a sum certain;
   2. The individual or support enforcement agency designated to receive payments and the address to which the payments are to be forwarded;
   3. Medical support, whether in the form of periodic cash payments, stated as a sum certain or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employer;
   4. The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and
   5. The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
3. An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
   1. The employer's fee for processing an income-withholding order;
   2. The maximum amount permitted to be withheld from the obligor's income; and
   3. The times within which the employer shall implement the withholding order and forward the child support payment.

      (1997, cc. 797, 897; 2005, c. 754.)

The 2005 amendments. - The 2005 amendment by c. 754 substituted "an income-withholding order" for "the order" in subsection A, "individual or support enforcement" for "person" in subdivision B 2, and made minor stylistic changes.

§ 20-88.64:2. Compliance with two or more income-withholding orders.

If an obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish priorities for withholding and allocating income withheld for two or more child support obligees.

(1997, cc. 797, 897; 2005, c. 754.)

The 2005 amendments. - The 2005 amendment by c. 754 substituted "two or more" for "multiple" in two places and deleted "multiple" preceding "orders."

§ 20-88.64:3. Immunity from civil liability.

An employer that complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding child support from the obligor's income.

(1997, cc. 797, 897; 2015, c. 727.)

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, substituted "An employer that" for "An employer who" and "an individual" for "any individual."

§ 20-88.64:4. Penalties for noncompliance.

An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of the Commonwealth.

(1997, cc. 797, 897; 2015, c. 727.)

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, substituted "An employer that" for "An employer who" and "the Commonwealth" for "this Commonwealth."

§ 20-88.64:5. Contest by obligor.

1. An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in the Commonwealth by registering the order in a tribunal of the Commonwealth and filing a contest to that order as provided in this chapter or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of the Commonwealth.
2. The obligor shall give notice of the contest to (i) a support enforcement agency providing services to the obligee, (ii) each employer that has directly received an income-withholding order relating to the obligor, and (iii) the support enforcement agency designated to receive payments in the income-withholding order.

   (1997, cc. 797, 897; 2005, c. 754.)

The 2005 amendments. - The 2005 amendment by c. 754 rewrote the section.

§ 20-88.65. Administrative enforcement of orders.

1. A party or support enforcement agency seeking to enforce a foreign support order, or a support order or an income-withholding order, or both, issued in another state, may send the documents required for registering the order to a support enforcement agency of the Commonwealth.
2. Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of the Commonwealth to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.

   (1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 inserted "or support enforcement agency" near the beginning of subsection A.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, in subsection A, inserted "foreign support order, or a" and substituted "issued in" for "issued by a tribunal of"; and made minor stylistic changes.

§ 20-88.66. Registration of order for enforcement.

A foreign support order, or a support order or an income-withholding order issued in another state, may be registered in the Commonwealth for enforcement.

(1994, c. 673; 2015, c. 727.)

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, substituted "A foreign support order, or a support order or an income-withholding order issued in another state" for "A support order or an income-withholding order issued by a tribunal of another state"; and made a minor stylistic change.

Editor's note. - Some of the cases cited below were decided under former law corresponding to this section.

§ 20-88.67. Procedure to register order for enforcement.

1. Except as provided in § 20-88.88 , a foreign support order or a support order or income-withholding order of another state may be registered in the Commonwealth by sending the following records to the appropriate tribunal in the Commonwealth:
   1. A letter of transmittal to the tribunal requesting registration and enforcement;
   2. Two copies, including one certified copy, of the order to be registered, including any modification of the order;
   3. A sworn statement by the party requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
   4. The name of the obligor and, if known, (i) the obligor's address and social security number, (ii) the name and address of the obligor's employer and any other source of income of the obligor, and (iii) a description and the location of property of the obligor in the Commonwealth not exempt from execution; and
   5. Except as otherwise provided in § 20-88.55 , the name and address of the obligee and, if applicable, the support enforcement agency to whom support payments are to be remitted.
2. On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.
3. A petition or comparable pleading seeking a remedy that shall be affirmatively sought under other law of the Commonwealth may be filed at the same time as the request for registration or later. The pleading shall specify the grounds for the remedy sought.
4. If two or more orders are in effect, the individual or support enforcement agency requesting registration shall:
   1. Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
   2. Specify the order alleged to be the controlling order, if any; and
   3. Specify the amount of consolidated arrears, if any.
5. A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The individual or support enforcement agency requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

   (1994, c. 673; 1995, c. 484; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754, in subsection A, substituted "records" for "documents," "tribunal in the Commonwealth" for "registering tribunal," "the order" for "all orders" in subdivision A 2, "requesting" for "seeking" in subdivision A 3, rewrote subdivision A 5, deleted the last sentence in subsection B which read: "Requests for registration received by the circuit courts during the period July 1, 1994, through June 30, 1995, shall similarly be filed as foreign support orders," added subsections D and E and made minor stylistic changes.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, in subsection A, substituted "Except as provided in § 20-88.88 , a foreign support order or a support order" for "A support order" and deleted "and information" following "records"; and inserted "an order of a tribunal of another state or" in subsection B.

Research References. - Bryson on Virginia Civil Procedure (Matthew Bender). Chapter 18 Enforcement of Judgments and Decrees. § 18.02 Common Law. Bryson.

§ 20-88.68. Effect of registration for enforcement.

1. A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of the Commonwealth.
2. A registered support order issued in another state or in a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of the Commonwealth.
3. Except as otherwise provided in this chapter, a tribunal of the Commonwealth shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.

   (1994, c. 673; 2015, c. 727.)

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "or a foreign support order" in subsection A; substituted "support order issued in another state or in a foreign country" for "order issued in another state" in subsection B; substituted "chapter" for "article" in subsection C; and made minor stylistic changes.

§ 20-88.69. Choice of law; statute of limitations.

1. Except as otherwise provided in subsection D, the law of the issuing state or foreign country governs (i) the nature, extent, amount, and duration of current payments under a registered support order; (ii) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (iii) the existence and satisfaction of other obligations under the support order.
2. In a proceeding for arrears under a registered support order, the statute of limitations of the Commonwealth or of the issuing state or foreign country, whichever is longer, applies.
3. A responding tribunal of the Commonwealth shall apply the procedures and remedies of the Commonwealth to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in the Commonwealth.
4. After a tribunal of the Commonwealth or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of the Commonwealth shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

   (1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 rewrote subsection A, in subsection B, substituted "arrears under a registered support order" for "arrearages," "of the Commonwealth" for "under the laws of this Commonwealth" and added subsections C and D.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "or foreign country" for "or a foreign country" following "state" throughout.

§ 20-88.70. Notice of registration of order; contest of validity or enforcement.

1. When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of the Commonwealth shall notify the nonregistering party. The notice shall be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
2. A notice shall inform the nonregistering party:
   1. That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of the Commonwealth;
   2. That a hearing to contest the validity or enforcement of the registered order shall be requested within 20 days after the notice unless the registered order is under § 20-88.89 ;
   3. That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and
   4. Of the amount of any alleged arrearages.
3. If the registering party asserts that two or more orders are in effect, a notice shall also:
   1. Identify the two or more orders and the order alleged by the party to be the controlling order and the consolidated arrears, if any;
   2. Notify the nonregistering party of the right to a determination of which is the controlling order;
   3. State that the procedures provided in subsection B apply to the determination of which is the controlling order; and
   4. State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
4. Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the income-withholding for support law of the Commonwealth.

   (1994, c. 673; 1997, cc. 797, 897; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 substituted "shall" for "must" throughout, added present subsection C, redesignated former subsection C as subsection D and made minor stylistic changes.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "or a foreign support order" and "of the Commonwealth" in the first sentence of subsection A; added "unless the registered order is under § 20-88.89 " to subdivision B 2; substituted "party" for "registering individual or support enforcement agency or individual" in subdivision C 1; and inserted "support enforcement agency or the" in subsection D.

§ 20-88.71. Procedure to contest validity or enforcement of registered support order.

1. A nonregistering party seeking to contest the validity or enforcement of a registered support order in the Commonwealth shall request a hearing within the time required by § 20-88.70 . The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to § 20-88.72 .
2. If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
3. If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

   (1994, c. 673; 1997, cc. 797, 897; 2015, c. 727.)

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, added "support" wherever it appears; substituted "the time required by § 20-88.70 " for "twenty days after notice of the registration" in subsection A; and made minor stylistic changes.

Law review. - For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981).

Editor's note. - Most of the cases cited below were decided under a former law corresponding to this section.

§ 20-88.72. Contest of registration or enforcement.

1. A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
   1. The issuing tribunal lacked personal jurisdiction over the contesting party;
   2. The order was obtained by fraud;
   3. The order has been vacated, suspended, or modified by a later order;
   4. The issuing tribunal has stayed the order pending appeal;
   5. There is a defense under the law of the Commonwealth to the remedy sought;
   6. Full or partial payment has been made;
   7. The statute of limitations under § 20-88.69 precludes enforcement of some or all of the alleged arrearages; or
   8. The alleged controlling order is not the controlling order.
2. If a party presents evidence establishing a full or partial defense under subsection A, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of the Commonwealth.
3. If the contesting party does not establish a defense under subsection A to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.

   (1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 inserted "alleged" in subdivision A 7, added subdivision A 8 and made minor stylistic changes.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, substituted "registered support order" for "registered order" throughout the section; substituted "a registered support order" for "the order" in subsection C; and made minor stylistic changes.

§ 20-88.73. Confirmed order.

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the support order with respect to any matter that could have been asserted at the time of registration.

(1994, c. 673; 2015, c. 727.)

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, twice inserted "support" preceding "order."

Applied in Slawski v. Commonwealth, Dep't. of Social Servs., Div. of Child Support Enforcement ex rel. Sheehan, 29 Va. App. 721, 514 S.E.2d 773 (1999).

§ 20-88.74. Procedure to register child support order of another state for modification.

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this Commonwealth in the same manner as provided in Article 8 (§ 20-88.66 et seq.) if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.

(1994, c. 673; 1997, c. 69.)

§ 20-88.75. Effect of registration for modification.

A tribunal of the Commonwealth may enforce a child support order of another state, registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of the Commonwealth, but the registered support order may be modified only if the requirements of § 20-88.76 or 20-88.77:1 have been met.

(1994, c. 673; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 substituted "the" for "this" in two places and inserted "20-88.77:1 or 20-88.77:3 ."

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, inserted "support" and substituted " § 20-88.76 or 20-88.77:1 " for " § 20-88.76 , 20-88.77:1 or 20-88.77:3 ."

§ 20-88.76. Modification of child support order of another state.

1. If § 20-88.77:1 does not apply, upon petition a tribunal of the Commonwealth may modify a child support order, issued in another state, that is registered in the Commonwealth if, after notice and hearing, the tribunal finds that:
   1. The following requirements are met:
      1. Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
      2. A petitioner who is a nonresident of the Commonwealth seeks modification; and
      3. The respondent is subject to the personal jurisdiction of the tribunal of the Commonwealth; or
   2. The Commonwealth is the residence of the child or a party who is an individual is subject to the personal jurisdiction of the tribunal of the Commonwealth and all of the individual parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of the Commonwealth to modify the support order and assume continuing, exclusive jurisdiction.
2. Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of the Commonwealth and the order may be enforced and satisfied in the same manner.
3. A tribunal of the Commonwealth may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and shall be so recognized under § 20-88.41 establishes the aspects of the support order which are nonmodifiable.
4. In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of the Commonwealth.
5. On issuance of an order by a tribunal of the Commonwealth modifying a child support order issued in another state, the tribunal of the Commonwealth becomes the tribunal having continuing, exclusive jurisdiction.
6. Notwithstanding subsections A through E and § 20-88.35 , a tribunal of the Commonwealth retains jurisdiction to modify an order issued by a tribunal of the Commonwealth if one party resides in another state and the other party resides outside the United States. (1994, c. 673; 1997, cc. 797, 897; 2005, c. 754; 2015, c. 727.)

The 2005 amendments. - The 2005 amendment by c. 754 rewrote subsection A, in subsection C, inserted "Except as otherwise provided in § 20-88.77:3 " at the beginning of the first sentence and inserted "including the duration of the obligation of support" at the end, added present subsection D, redesignated former subsection D as subsection E, inserted "by a tribunal of the Commonwealth" in subsection E and made minor stylistic changes.

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, deleted "except as otherwise provided in § 20-88.77:3 " preceding "upon" in subsection A; deleted "state of" preceding "residence" in subdivision A 2; substituted "A tribunal" for "Except as otherwise provided in § 20-88.77:3 , a tribunal" in subsection C; added subsection F.

CIRCUIT COURT OPINIONS

Child support beyond age 18. - Under subsection D of § 20-88.76 , a Massachusetts order providing that a father's child support obligation continued until the youngest child turned 23 was subject to modification by a consent decree stating that, pursuant to subsection C of § 20-124.2 , support ended at 18 or, under certain circumstances, 19. Dempsey v. Arigo,, 2006 Va. Cir. LEXIS 336 (Loudoun County Oct. 2, 2006).

§ 20-88.77. Recognition of order modified in another state.

If a child support order issued by a tribunal of the Commonwealth is modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of the Commonwealth:

1. May enforce its order that was modified only as to arrears and interest accruing before the modification;
2. May provide appropriate relief for violations of its order that occurred before the effective date of the modification; and
3. Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

   (1994, c. 673; 1997, cc. 797, 897; 2005, c. 754.)

The 2005 amendments. - The 2005 amendment by c. 754 rewrote the section.

§ 20-88.77:1. Jurisdiction to modify support order of another state when individual parties reside in this Commonwealth.

1. If all of the parties who are individuals reside in this Commonwealth and the child does not reside in the issuing state, a tribunal of this Commonwealth has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
2. A tribunal of this Commonwealth exercising jurisdiction as provided in this section shall apply the provisions of Articles 1 (§ 20-88.32 et seq.) and 2 (§ 20-88.35 et seq.), this article and the procedural and substantive law of this Commonwealth to the enforcement or modification. Articles 3 through 5 (§ 20-88.37 et seq.) and Articles 7 (§ 20-88.64 et seq.) and 8 (§ 20-88.66 et seq.) do not apply. (1997, cc. 797, 897.)

CIRCUIT COURT OPINIONS

Child support beyond age 18. - Under subsection D of § 20-88.76 , a Massachusetts order providing that a father's child support obligation continued until the youngest child turned 23 was subject to modification by a consent decree stating that, pursuant to subsection C of § 20-124.2 , support ended at 18 or, under certain circumstances, 19. Dempsey v. Arigo,, 2006 Va. Cir. LEXIS 336 (Loudoun County Oct. 2, 2006).

§ 20-88.77:2. Notice to issuing tribunal of modification.

Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.

(1997, cc. 797, 897.)

§ 20-88.77:3. Jurisdiction to modify child support order of foreign country.

1. Except as provided in § 20-88.93 , if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of the Commonwealth may assume jurisdiction, for good cause shown as ordered, to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child support order otherwise required of the individual pursuant to § 20-88.76 has been given or whether the individual seeking modification is a resident of the Commonwealth or of the foreign country.
2. An order issued by a tribunal of the Commonwealth modifying a foreign child support order pursuant to this section is the controlling order.

   (2005, c. 754; 2015, c. 727.)

The 2015 amendments. - The 2015 amendment by c. 727, effective April 15, 2015, in subsection A, substituted "Except as provided in § 20-88.93 , if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order" for "If a foreign country or political subdivision that is a state will not or may not modify its order" and deleted "or political subdivision" from the end; and inserted "by a tribunal of the Commonwealth modifying a foreign child support order" in subsection B.

§ 20-88.77:4. Procedure to register child support order of foreign country for modification.

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in the Commonwealth under Article 8 (§ 20-88.66 et seq.) if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or at another time. The petition must specify the grounds for modification.

(2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this section effective April 15, 2015, by emergency.

§ 20-88.78.

Repealed by Acts 2015, c. 727, cl. 2, effective April 15, 2015.

Editor's note. - Former § 20-88.78 , pertaining to proceeding to determine parentage, derived from 1994, c. 673; 1997, cc. 797, 897; 2005, c. 754.

§ 20-88.79. Grounds for rendition.

1. For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
2. The Governor of this Commonwealth may:
   1. Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this Commonwealth with having failed to provide for the support of an obligee; or
   2. On the demand by the governor of another state, surrender an individual found in this Commonwealth who is charged criminally in another state with having failed to provide for the support of an obligee.
3. A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and had not fled therefrom.

   (1994, c. 673.)

§ 20-88.80. Conditions of rendition.

1. Before making a demand that the governor of another state surrender an individual charged criminally in the Commonwealth with having failed to provide for the support of an obligee, the Governor of the Commonwealth may require a prosecutor of the Commonwealth to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
2. If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the Governor of the Commonwealth surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
3. If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.

   (1994, c. 673; 2005, c. 754.)

The 2005 amendments. - The 2005 amendment by c. 754 deleted "the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act" following "this chapter" in subsection B and made minor stylistic changes.

§§ 20-88.81, 20-88.82.

Repealed by Acts 2015, c. 727, cl. 2, effective April 15, 2015.

Editor's note. - Former § 20-88.81 , pertaining to uniformity of application and construction, derived from 1994, c. 673; 2005, c. 754.

Former § 20-88.82, pertaining to Uniform Interstate Family Support Act, derived from 1994, c. 673.

§ 20-88.83. Definitions.

As used in this article:

"Application" means a request under the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.

"Central authority" means the entity designated by the United States or a foreign country described in § 20-88.32 to perform the functions specified in the Convention.

"Convention support order" means a support order of a tribunal of a foreign country described in § 20-88.32 .

"Direct request" means a petition or similar pleading filed by an individual in a tribunal of the Commonwealth in a proceeding involving an obligee, obligor, or child residing outside the United States.

"Foreign central authority" means the entity designated by a foreign country described in § 20-88.32 to perform the functions specified in the Convention.

"Foreign support agreement" means an agreement for support in a record that (i) is enforceable as a support order in the country of origin; (ii) has been formally drawn up or registered as an authentic instrument by a foreign tribunal or authenticated by or concluded, registered, or filed with a foreign tribunal; and (iii) may be reviewed and modified by a foreign tribunal. "Foreign support agreement" includes a maintenance arrangement or authentic instrument under the Convention.

"United States central authority" means the Secretary of the U.S. Department of Health and Human Services.

(2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this chapter effective April 15, 2015, by emergency.

§ 20-88.84. Applicability.

This article applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this article is inconsistent with Articles 1 through 9 (§ 20-88.32 et seq.), this article controls.

(2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this chapter effective April 15, 2015, by emergency.

§ 20-88.85. Relationship of Department of Social Services to United States central authority.

The Department of Social Services of the Commonwealth is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.

(2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this chapter effective April 15, 2015, by emergency.

§ 20-88.86. Initiation by Department of Social Services of support proceeding under convention.

1. In a support proceeding under this chapter, the Department of Social Services of the Commonwealth shall:
   1. Transmit and receive applications; and
   2. Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of the Commonwealth.
2. The following support proceedings are available to an obligee under the Convention:
   1. Recognition or recognition and enforcement of a foreign support order;
   2. Enforcement of a support order issued or recognized in the Commonwealth;
   3. Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
   4. Establishment of a support order if recognition of a foreign support order is refused under subdivision B 2, 4, or 9 of § 20-88.90 ;
   5. Modification of a support order of a tribunal of the Commonwealth; and
   6. Modification of a support order of a tribunal of another state or a foreign country.
3. The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
   1. Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of the Commonwealth;
   2. Modification of a support order of a tribunal of the Commonwealth; and
   3. Modification of a support order of a tribunal of another state or a foreign country.
4. A tribunal of the Commonwealth may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.

   (2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this chapter effective April 15, 2015, by emergency.

§ 20-88.87. Direct request.

1. A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of the Commonwealth applies.
2. A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, §§ 20-88.88 through 20-88.95 apply.
3. In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
   1. A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
   2. An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of the Commonwealth under the same circumstances.
4. A petitioner filing a direct request is not entitled to assistance from the Department of Social Services.
5. This chapter does not prevent the application of laws of the Commonwealth that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.

   (2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this chapter effective April 15, 2015, by emergency.

§ 20-88.88. Registration of Convention support order.

1. Except as otherwise provided in this chapter, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in the Commonwealth as provided in Article 9 (§ 20-88.74 et seq.).
2. Notwithstanding § 20-88.54 and subsection A of § 20-88.67 , a request for registration of a Convention support order must be accompanied by:
   1. A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
   2. A record stating that the support order is enforceable in the issuing country;
   3. If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
   4. A record showing the amount of arrears, if any, and the date the amount was calculated;
   5. A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
   6. If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
3. A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
4. A tribunal of the Commonwealth may vacate the registration of a Convention support order without the filing of a contest under § 20-88.89 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
5. The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.

   (2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this chapter effective April 15, 2015, by emergency.

§ 20-88.89. Contest of registered convention support order.

1. Except as otherwise provided in this chapter, §§ 20-88.71 , 20-88.72 , and 20-88.73 apply to a contest of a registered Convention support order.
2. A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
3. If the non-registering party fails to contest the registered Convention support order within the time period specified in subsection B, the order is enforceable.
4. A contest of a registered Convention support order may be based only on grounds set forth in § 20-88.90 . The contesting party bears the burden of proof.
5. In a contest of a registered Convention support order, a tribunal of the Commonwealth:
   1. Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
   2. May not review the merits of the order.
6. A tribunal of the Commonwealth deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
7. A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.

   (2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this chapter effective April 15, 2015, by emergency.

§ 20-88.90. Recognition and enforcement of registered convention support order.

1. Except as otherwise provided in subsection B, a tribunal of the Commonwealth shall recognize and enforce a registered Convention support order.
2. The following grounds are the only grounds on which a tribunal of the Commonwealth may refuse recognition and enforcement of a registered Convention support order:
   1. Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
   2. The issuing tribunal lacked personal jurisdiction consistent with § 20-88.35 ;
   3. The order is not enforceable in the issuing country;
   4. The order was obtained by fraud in connection with a matter of procedure;
   5. A record transmitted in accordance with § 20-88.88 lacks authenticity or integrity;
   6. A proceeding between the same parties and having the same purpose is pending before a tribunal of the Commonwealth and that proceeding was the first to be filed;
   7. The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in the Commonwealth;
   8. Payment, to the extent alleged arrears have been paid in whole or in part;
   9. In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
      1. If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
      2. If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
   10. The order was made in violation of § 20-88.93 .
3. If a tribunal of the Commonwealth does not recognize a Convention support order under subdivision B 2, 4, or 9:
   1. The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
   2. The Department of Social Services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under § 20-88.86 . (2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this chapter effective April 15, 2015, by emergency.

§ 20-88.91. Partial enforcement.

If a tribunal of the Commonwealth does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.

(2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this chapter effective April 15, 2015, by emergency.

§ 20-88.92. Foreign support agreement.

1. Except as otherwise provided in subsections C and D, a tribunal of the Commonwealth shall recognize and enforce a foreign support agreement registered in the Commonwealth.
2. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
   1. A complete text of the foreign support agreement; and
   2. A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
3. A tribunal of the Commonwealth may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
4. In a contest of a foreign support agreement, a tribunal of the Commonwealth may refuse recognition and enforcement of the agreement if it finds that:
   1. Recognition and enforcement of the agreement is manifestly incompatible with public policy;
   2. The agreement was obtained by fraud or falsification;
   3. The agreement is incompatible with a support order involving the same parties and having the same purpose in the Commonwealth, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in the Commonwealth; or
   4. The record submitted under subsection B lacks authenticity or integrity.
5. A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.

   (2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this chapter effective April 15, 2015, by emergency.

§ 20-88.93. Modification of Convention child support order.

1. A tribunal of the Commonwealth may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
   1. The obligee submits to the jurisdiction of a tribunal of the Commonwealth, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
   2. The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
2. If a tribunal of the Commonwealth does not modify a Convention child support order because the order is not recognized in the Commonwealth, subsection C of § 20-88.90 applies. (2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this chapter effective April 15, 2015, by emergency.

§ 20-88.94. Personal information; limit on use.

Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.

(2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this chapter effective April 15, 2015, by emergency.

§ 20-88.95. Record in original language; English translation.

A record filed with a tribunal of the Commonwealth under this article must be in the original language and, if not in English, must be accompanied by an English translation.

(2015, c. 727.)

Editor's note. - Acts 2015, c. 727, cl. 3 made this chapter effective April 15, 2015, by emergency.

§ 20-89.

Repealed by Acts 1975, c. 644.

§ 20-89.1. Suit to annul marriage.

1. When a marriage is alleged to be void or voidable for any of the causes mentioned in § 20-13 , 20-38.1 , or 20-45.1 or by virtue of fraud or duress, either party may institute a suit for annulling the same; and upon proof of the nullity of the marriage, it shall be decreed void by a decree of annulment.
2. In the case of natural or incurable impotency of body existing at the time of entering into the marriage contract, or when, prior to the marriage, either party, without the knowledge of the other, had been convicted of a felony, or when, at the time of the marriage, either spouse, without the knowledge of the other spouse, was with child by a person other than the other spouse or had conceived a child born to a person other than the other spouse within 10 months after the date of the solemnization of the marriage, or where, prior to the marriage, either party had been, without the knowledge of the other, a prostitute, a decree of annulment may be entered upon proof, on complaint of the party aggrieved.
3. No annulment for a marriage alleged to be void or voidable under subsection B of § 20-45.1 or subsection B of this section or by virtue of fraud or duress shall be decreed if it appears that the party applying for such annulment has cohabited with the other after knowledge of the facts giving rise to what otherwise would have been grounds for annulment, and in no event shall any such decree be entered if the parties had been married for a period of two years prior to the institution of such suit for annulment.
4. A party who, at the time of such marriage as is mentioned in § 20-48 , was capable of consenting with a party not so capable shall not be permitted to institute a suit for the purpose of annulling such marriage. (1975, c. 644; 1976, c. 356; 2016, cc. 457, 543; 2020, c. 900.)

The 2016 amendments. - The 2016 amendments by cc. 457 and 543 are identical, and substituted subsection A-D designations for (a)-(d) designations; in subsection A, inserted "or" preceding "20-45.1"; in subsection B, substituted "10" for "ten"; in subsection C, substituted "subsection B" for "subsection (b)" in two places; and, in subsection D, deleted "or § 20-49 " following " § 20-48 "; and made minor stylistic changes.

The 2020 amendments. - The 2020 amendment by c. 900 substituted "either spouse, without the knowledge of the other spouse, was with child by a person other than the other spouse or had conceived a child born to a person other than the other spouse" for "the wife, without the knowledge of the husband, was with child by some person other than the husband, or where the husband, without knowledge of the wife, had fathered a child born to a woman other than the wife" in subsection B.

Law review. - For survey of Virginia law on domestic relations for the year 1974-1975, see 61 Va. L. Rev. 1732 (1975). For survey of Virginia law on domestic relations for the year 1975-1976, see 62 Va. L. Rev. 1431 (1976). For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981).

For an article, "Bargaining in the Shadow of the Market: Is There a Future for Egalitarian Marriage?" see 84 Va. L. Rev. 509 (1998).

Research References. - Family Law Litigation Guide with Forms: Discovery, Evidence, Trial Practice (Matthew Bender).

Michie's Jurisprudence. - For related discussion, see 12B M.J. Marriage, §§ 13-15.

§ 20-90. Suit to affirm marriage.

1. When the validity of any marriage shall be denied or doubted by either of the parties, the other party may institute a suit for affirmance of the marriage, and upon due proof of the validity thereof, it shall be decreed to be valid, and such decree shall be conclusive upon all persons concerned.
2. Notwithstanding § 20-13 , a marriage of a couple where one of the parties was under the age of 18 at the time of solemnization may be decreed valid upon petition by the party who was under the age of 18 at the time of the solemnization that would otherwise be deemed voidable under subsection C of § 20-45.1 solely because of age, once such party has attained the age of 18. If both parties were under the age of 18 at the time of solemnization, such petition shall not be granted unless both parties have reached the age of 18 and join in the petition together. (Code 1919, § 5102; 2016, cc. 457, 543.)

The 2016 amendments. - The 2016 amendments by cc. 457 and 543 are identical, and added subsection B.

Michie's Jurisprudence. - For related discussion, see 12B M.J. Marriage, § 20.

§ 20-91. Grounds for divorce from bond of matrimony; contents of decree.

1. A divorce from the bond of matrimony may be decreed:
2. A decree of divorce shall include each party's social security number or other control number issued by the Department of Motor Vehicles pursuant to § 46.2-342 . (Code 1919, § 5103; 1926, p. 868; 1934, p. 20; 1952, c. 100; 1960, c. 108; 1962, c. 288; 1964, cc. 363, 648; 1970, c. 311; 1975, c. 644; 1982, c. 308; 1986, c. 397; 1988, c. 404; 1997, cc. 794, 898; 2020, cc. 270, 900.)

1. For adultery; or for sodomy or buggery committed outside the marriage;
2. [Repealed.]
3. Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his conjugal rights);
4. , (5) [Repealed.] (6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or (7), (8) [Repealed.] (9) (a) On the application of either party if and when they have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when they have lived separately and apart without cohabitation and without interruption for six months. A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant. (b) This subdivision (9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where otherwise valid, any decree of divorce hereinbefore entered by any court having equity jurisdiction pursuant to this subdivision (9), not appealed to the Supreme Court of Virginia, is hereby declared valid according to the terms of said decree notwithstanding the insanity of a party thereto. (c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any obligation any party may otherwise have to support the spouse unless such party shall prove that there exists in the favor of such party some other ground of divorce under this section or § 20-95 .

Cross references. - As to authority of General Assembly to confer power on courts to grant divorce, see Va. Const., Art. IV, § 14.

The 2020 amendments. - The 2020 amendments by cc. 270 and 900 are identical, and in subdivision A (3), deleted "or her" following "his"; in sub-subdivision A (9) (a), substituted "they" for "the husband and wife," once each in the first and second sentences; and, in subsection B, deleted a comma after "social security number."

Law review. - For discussion of divorce proceedings, see 46 Va. L. Rev. 1502 (1960). For discussion of constructive desertion as a ground for divorce in Virginia, see 47 Va. L. Rev. 362 (1961). For comment on divorce on ground of separation, see 18 Wash. & Lee L. Rev. 157 (1961). For comment on desertion during pendency of divorce suit, see 18 Wash. & Lee L. Rev. 245 (1961). For note on insanity as a defense on ground of divorce, see 18 Wash. & Lee L. Rev. 321 (1961). For note on cohabitation during pendency of a divorce action, see 19 Wash. & Lee L. Rev. 243 (1962). For comment, "Misconduct During an Interlocutory Divorce Period," see 20 Wash. & Lee L. Rev. 335 (1963). For comment, "Recrimination and Comparative Rectitude," see 20 Wash. & Lee L. Rev. 354 (1963). For article, "Divorce Without Fault Without Perjury," see 52 Va. L. Rev. 32 (1966). For article on insanity and divorce, see 56 Va. L. Rev. 12 (1970). For survey of Virginia law on domestic relations for the year 1969-1970, see 56 Va. L. Rev. 1411 (1970). For article, "Federal Taxation in Separation and Divorce," see 29 Wash. & Lee L. Rev. 1 (1972). For article, "Sexual Relations After Separation or Divorce: The New Morality and the Old and New Divorce Laws," see 63 Va. L. Rev. 249 (1977). For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981). For article on recent developments in Virginia domestic relations law, see 68 Va. L. Rev. 507 (1982). For article, "Is a Professional Degree Marital Property Under Virginia's Marriage Dissolution Statutes?," see 7 G.M.U. L. Rev. 47 (1984). For comment on child abuse and divorce under Virginia law, see 9 G.M.U. L. Rev. 55 (1986). As to interpretation of § 20-91(9)(c) when dealing with recrimination, see 22 U. Rich. L. Rev. 565 (1988). For article, "The Subject Matter Jurisdiction of Virginia Courts in Divorce and Equitable Distribution Proceedings," see 11 G.M.U. L. Rev. 73 (1989).

For article, "Divorce Denied: Have Mental Cruelty, Constructive Desertion and Reasonable Apprehension of Bodily Harm Been Abolished in Virginia?," see 25 U. Rich. L. Rev. 273 (1991).

For an article relating to recent changes of formidable importance in major areas of domestic relations, both nationally and in Virginia, see 32 U. Rich. L. Rev. 1165 (1998).

For an article, "A Dead Language: Divorce Law and Practice Before No-Fault," see 86 Va. L. Rev. 1497 (2000).

For 2007 annual survey article, "Family and Juvenile Law," see 42 U. Rich. L. Rev. 417 (2007).

For note, "Estop in the Name of Love: A Case for Constructive Marriage in Virginia," see 49 Wm. & Mary L. Rev. 973 (2007).

For note, "Wrongs Committed During a Marriage: The Child that No Area of the Law Wants to Adopt," see 66 Wash. & Lee L. Rev. 465 (2009).

For note, "Beyond the Bounds of Decency: Why Fault Continues to Matter to (Some) Wronged Spouses," see 66 Wash. & Lee L. Rev. 503 (2009).

For note, "A Comment on Wrongs Committed during a Marriage: The Child that No Area of the Law Wants to Adopt," see 66 Wash. & Lee L. Rev. 515 (2009).

Research References. - Family Law and Practice (Matthew Bender). Rutkin.

Michie's Jurisprudence. - For related discussion, see 6A M.J. Dismissal, Discontinuance and Nonsuit, § 3; 6A M.J. Divorce and Alimony, §§ 4, 7, 13, 17, 23.1, 23.4, 23.5, 24, 26, 28, 32, 34, 47, 50, 60, 62, 63.

§ 20-92.

Repealed by Acts 1975, c. 644.

§ 20-93. Insanity of guilty party after commencement of desertion no defense.

When the suit is for divorce from the bond of matrimony for willful desertion or abandonment, it shall be no defense that the guilty party has, since the commencement of such desertion, and within one year thereafter, become and has been adjudged insane, but at the expiration of one year from the commencement of such desertion the ground for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant. This section shall apply whether the desertion or abandonment commenced heretofore or shall commence hereafter.

(Code 1919, § 5103; 1926, p. 869; 1934, p. 20; 1954, c. 389; 1975, c. 644.)

Law review. - For note on separation without fault and postnuptial insanity, see 4 U. Rich. L. Rev. 347 (1970).

Michie's Jurisprudence. - For related discussion, see 6A M.J. Divorce and Alimony, §§ 19, 28.

§ 20-94. Effect of cohabitation after knowledge of adultery, sodomy or buggery; lapse of five years.

When the suit is for divorce for adultery, sodomy, or buggery, the divorce shall not be granted, if it appear that the parties voluntarily cohabited after the knowledge of the fact of adultery, sodomy or buggery, or that it occurred more than five years before the institution of the suit, or that it was committed by the procurement or connivance of the party alleging such act.

(Code 1919, § 5110; 1975, c. 644.)

Law review. - For note, "Estop in the Name of Love: A Case for Constructive Marriage in Virginia," see 49 Wm. & Mary L. Rev. 973 (2007).

Michie's Jurisprudence. - For related discussion, see 6A M.J. Divorce and Alimony, §§ 25, 27, 34.

§ 20-95. Grounds for divorces from bed and board.

A divorce from bed and board may be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment.

(Code 1919, § 5104; 1975, c. 644.)

Law review. - For article, "Cruelty as a Ground for Divorce a Mensa et Thoro in Virginia," see 43 Va. L. Rev. 125 (1957). For note on cruelty and constructive desertion, see 45 Va. L. Rev. 1432 (1959). For survey of Virginia law on domestic relations for the year 1975-1976, see 62 Va. L. Rev. 1431 (1976). For article, "Sexual Relations After Separation or Divorce: The New Morality and the Old and New Divorce Laws," see 63 Va. L. Rev. 249 (1977). For survey of Virginia law on domestic relations for the year 1978-1979, see 66 Va. L. Rev. 281 (1980). For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981). For article, "Is a Professional Degree Marital Property Under Virginia's Marriage Dissolution Statutes?," see 7 G.M.U. L. Rev. 47 (1984). For article, "The Subject Matter Jurisdiction of Virginia Courts in Divorce and Equitable Distribution Proceedings," see 11 G.M.U. L. Rev. 73 (1989).

For article, "Divorce Denied: Have Mental Cruelty, Constructive Desertion and Reasonable Apprehension of Bodily Harm Been Abolished in Virginia?," see 25 U. Rich. L. Rev. 273 (1991).

Michie's Jurisprudence. - For related discussion, see 6A M.J. Divorce and Alimony, §§ 4, 13, 14, 17, 23, 50, 60.

§ 20-96. Jurisdiction of suits for annulment, affirmance or divorce.

The circuit court shall have jurisdiction of suits for annulling or affirming marriage and for divorces, and claims for separate maintenance, and such suits shall be heard by the judge as equitable claims.

(Code 1919, § 5105; 1922, p. 589; 1966, c. 449; 1975, c. 644; 1977, c. 624; 1979, c. 488; 1987, c. 171; 1989, c. 556; 2005, c. 681.)

Cross references. - As to venue in suits for annulment, affirmance, or divorce, see subdivision 19 of § 8.01-261 .

Editor's note. - Acts 1993, c. 929, cl. 3, as amended by Acts 1994, c. 564, cl. 1, and Acts 1996, c. 616, cl. 3, provides that the amendment to this section by Acts 1993, c. 929, cl. 1, shall become effective June 1, 1998, "only if state funds are provided by the General Assembly sufficient to provide adequate resources, including all local costs, for the court to carry out the purposes of this act and to fulfill its mission to serve children and families of the Commonwealth." The funding was not provided.

The 2005 amendments. - The 2005 amendment by c. 681, effective January 1, 2006, deleted "on the chancery side" following "court" and inserted "and claims for separate maintenance, and such suits shall be heard by the judge as equitable claims."

Law review. - For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981). For 1987 survey of Virginia civil procedure and practice, see 21 U. Rich. L. Rev. 667 (1987). For 1987 survey of Virginia domestic relations law, see 21 U. Rich. L. Rev. 745 (1987). For article, "The Subject Matter Jurisdiction of Virginia Courts in Divorce and Equitable Distribution Proceedings," see 11 G.M.U. L. Rev. 73 (1989). For survey on civil procedure and practice in Virginia for 1989, see 23 U. Rich. L. Rev. 511 (1989). For survey on domestic relations in Virginia for 1989, see 23 U. Rich. L. Rev. 561 (1989).

For note, "Wrongs Committed During a Marriage: The Child that No Area of the Law Wants to Adopt," see 66 Wash. & Lee L. Rev. 465 (2009).

For annual survey article, "Family Law," see 48 U. Rich. L. Rev. 135 (2013).

Michie's Jurisprudence. - For related discussion, see 6A M.J. Divorce and Alimony, §§ 35, 36; 12B M.J. Marriage, §§ 13, 20.

§§ 20-96.1, 20-96.2.

Repealed by Acts 1999, c. 161.

§ 20-97. Domicile and residential requirements for suits for annulment, affirmance, or divorce.

No suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties was at the time of the filing of the suit and had been for at least six months preceding the filing of the suit an actual bona fide resident and domiciliary of the Commonwealth, nor shall any suit for affirming a marriage be maintainable, unless one of the parties be domiciled in, and is and has been an actual bona fide resident of, the Commonwealth at the time of filing such suit.

For the purposes of this section only:

1. If a member of the Armed Forces of the United States has been stationed or resided in the Commonwealth and has lived for a period of six months or more in the Commonwealth next preceding the filing of the suit, then such person shall be presumed to be domiciled in and to have been a bona fide resident of the Commonwealth during such period of time.
2. Being stationed or residing in the Commonwealth includes, but is not limited to, a member of the armed forces being stationed or residing upon a ship having its home port in the Commonwealth or at an air, naval, or military base located within the Commonwealth over which the United States enjoys exclusive federal jurisdiction.
3. Any member of the Armed Forces of the United States or any civilian employee of the United States, including any foreign service officer, who (i) at the time the suit is filed is, or immediately preceding such suit was, stationed in any territory or foreign country and (ii) was domiciled in the Commonwealth for the six-month period immediately preceding his being stationed in such territory or country shall be deemed to have been domiciled in and to have been a bona fide resident of the Commonwealth during the six months preceding the filing of a suit for annulment or divorce.
4. Upon separation of a married couple, either spouse may establish his own and separate domicile, though the separation may have been caused under such circumstances as would entitle such spouse to a divorce or annulment.

   (Code 1919, § 5105; 1922, p. 589; 1958, c. 169; 1968, c. 455; 1974, c. 278; 1978, c. 412; 1985, c. 304; 1987, c. 35; 1988, c. 448; 1991, c. 259; 2009, c. 582; 2015, c. 315; 2017, c. 480; 2020, c. 900.)

Cross references. - As to venue in suits for annulment, affirmance, or divorce, see subdivision 19 of § 8.01-261 .

As to when personal jurisdiction over person may be exercised, see § 8.01-328.1 .

Editor's note. - Clause 2 of Acts 1985, c. 304 provides that the provisions of the act shall not affect the validity of any divorce, annulment or affirmation decree rendered in the Commonwealth prior to July 1, 1985.

The 2009 amendments. - The 2009 amendment by c. 582, in subdivision 3, in the introductory language, inserted "or any foreign service officer of the United States" and in clause (i), inserted "or immediately preceding such suit was."

The 2015 amendments. - The 2015 amendment by c. 315 in the first paragraph, substituted "was at the time of the filing of the suit and had been for at least six months preceding the filing of the suit an actual bona fide resident and domiciliary of this Commonwealth" for "is and has been an actual bona fide resident and domiciliary of this Commonwealth for at least six months preceding the commencement of the suit" and "filing" for "bringing"; substituted "filing" for "commencement" or variants in subdivisions 1 and 3; and substituted "six-month" for "six month" in subdivision 3.

The 2017 amendments. - The 2017 amendment by c. 480, in subdivision 3, substituted "civilian employee" for "foreign service officer" and inserted "including foreign service officer."

The 2020 amendments. - The 2020 amendment by c. 900 substituted "the Commonwealth" for "this Commonwealth" wherever it appears in the introductory paragraph, in subdivision 1 and in subdivision 2 in the second and third instances; in subdivision 4, substituted "a married couple, either spouse may establish his" for "the husband and wife, the wife may establish her" and made stylistic changes.

Law review. - For comment on the 1958 amendment to this section, see 44 Va. L. Rev. 1192 (1958). For note on jurisdiction to dissolve the marital status, see 48 Va. L. Rev. 992 (1962). For survey of the Virginia law on domestic relations for the year 1967-1968, see 54 Va. L. Rev. 1215 (1968). For survey of Virginia law on domestic relations for the year 1973-1974, see 60 Va. L. Rev. 1529 (1974). For comment, "The Uniform Child Custody Jurisdiction Act in Virginia," see 14 U. Rich. L. Rev. 435 (1979).

For annual survey article, "Family Law," see 46 U. Rich. L. Rev. 145 (2011).

Michie's Jurisprudence. - For related discussion, see 4A M.J. Conflict of Laws, Domicile and Residence, § 16; 6A M.J. Divorce and Alimony, §§ 36, 38; 12B M.J. Marriage, § 20.

§ 20-98.

Repealed by Acts 1977, c. 624.

Cross references. - As to present provisions relating to venue in suits for annulment, affirmance, or divorce, see subdivision 19 of § 8.01-261 .

§ 20-99. How such suits instituted and conducted; costs.

Such suit shall be instituted and conducted as other suits in equity, except as otherwise provided in this section:

1. Except for a divorce granted on the grounds set forth in subdivision A (9) of § 20-91 , no divorce, annulment, or affirmation of a marriage shall be granted on the uncorroborated testimony of the parties or either of them.
2. Whether the defendant answers or not, the cause shall be heard independently of the admissions of either party in the pleadings or otherwise.
3. Process or notice in such proceedings shall be served in the Commonwealth by any of the methods prescribed in § 8.01-296 by any person authorized to serve process under § 8.01-293 . Service may be made on a nonresident by any of the methods prescribed in § 8.01-296 by any person authorized to serve process under § 8.01-320 .
4. In cases where such suits have been commenced and an appearance has been made on behalf of the defendant by counsel, then notices to take depositions and of hearings, motions, and other proceedings except contempt proceedings, may be served by delivering or mailing a copy to counsel for opposing party, the foot of such notices bearing either acceptance of service or a certificate of counsel in compliance with the Rules of Supreme Court of Virginia. "Counsel for opposing party" shall include a pro se party who (i) has entered a general appearance in person or by filing a pleading or endorsing an order of withdrawal of that party's counsel or (ii) has signed a pleading in the case or who has notified the other parties and the clerk that he appears in the case.
5. In cases where such suits have been commenced, the defendant has been served pursuant to the provisions of subdivision 1 of § 8.01-296 , and the defendant has failed to file an answer to the suit or otherwise appear within the time allowed by law, no further notice to take depositions or conduct an ore tenus hearing is required to be served on the defendant and the court may enter any order or final decree without further notice to the defendant.
6. Costs may be awarded to either party as equity and justice may require.

   (Code 1919, § 5106; 1920, p. 503; 1928, p. 535; 1938, p. 202; 1968, c. 484; 1975, c. 644; 1977, c. 60; 1984, cc. 609, 616; 1987, c. 594; 1991, c. 244; 1992, c. 563; 2012, cc. 78, 84; 2013, cc. 81, 100; 2021, Sp. Sess. I, c. 194.)

Cross references. - As to service by publication, see § 8.01-316 et seq.

As to competency of husband and wife to testify, see § 8.01-398 .

For rules of procedure in civil actions, generally, see Va. Sup. Ct. Rule 3:1 et seq.

Editor's note. - Acts 1984, c. 609, cl. 2 and c. 616, cl. 2, provide: "That any annulment of a marriage or divorce granted prior to the effective date of this act which was commenced by service of process by any method of substituted service authorized by this act is hereby validated."

The 2012 amendments. - The 2012 amendments by cc. 78 and 84 are identical, and deleted "the" preceding "Supreme Court of Virginia" in the first sentence of subdivision 4; added present subdivision 5; redesignated former subdivision 5 as subdivision 6 and made a minor stylistic change.

The 2013 amendments. - The 2013 amendments by cc. 81 and 100 are identical, and inserted "or conduct an ore tenus hearing" near the end of subdivision 5, and made a minor stylistic change.

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 194, effective July 1, 2021, inserted "Except for a divorce granted on the grounds set forth in subdivision A (9) of § 20-91 " at the beginning of subdivision 1 and made stylistic changes.

Law review. - For comment on divorce on ground of separation, see 18 Wash. & Lee L. Rev. 157 (1961). For comment, "Lack of Due Process in Virginia Contempt Proceeding for Failure to Comply with Order for Support and Alimony," see 4 U. Rich. L. Rev. 128 (1969). For survey of Virginia law on domestic relations for the year 1969-1970, see 56 Va. L. Rev. 1411 (1970). For survey of Virginia law on domestic relations for the year 1972-1973, see 59 Va. L. Rev. 1520 (1973). For survey of Virginia law on domestic relations for the year 1974-1975, see 61 Va. L. Rev. 1732 (1975). For survey of Virginia law on evidence for the year 1974-1975, see 61 Va. L. Rev. 1752 (1975). For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981). For article, "The Role of Fault in Virginia Divorce Proceedings," see 20 U. Rich. L. Rev. 295 (1986).

For annual survey article, "Family Law," see 46 U. Rich. L. Rev. 145 (2011).

For annual survey article, "Family Law," see 48 U. Rich. L. Rev. 135 (2013).

Michie's Jurisprudence. - For related discussion, see 6A M.J. Divorce and Alimony, §§ 11, 16, 23.4, 31, 32, 33, 34, 37, 39, 44, 82, 123.1; 7B M.J. Evidence, §§ 244, 254.

§ 20-99.1.

Repealed by Acts 1988, c. 583.

§ 20-99.1:1. How defendant may accept service; waive service.

1. A defendant in such suits may accept service of process by signing the proof of service before any officer authorized to administer oaths. This proof of service shall, when filed with the papers in the suit, have the same effect as if it had been served upon the defendant by a person authorized to serve process. In addition, service of process may be accepted or waived by any party, upon voluntary execution of a notarized writing specifying an intent to accept or waive any particular process, or by a defendant by filing an answer in the suit. Such notarized writing may be provided in the clerk's office of any circuit court and may be signed by such party to the proceedings before any clerk or deputy clerk of any circuit court, under oath, or may be drafted and filed by counsel or a pro se party in the proceeding, and shall, when filed with the papers in the suit, have the same effect as if the process specified had been personally served upon the defendant by a person authorized to serve process. For a suit for a no-fault divorce under subdivision A (9) of § 20-91 , any such waiver may occur within a reasonable time prior to or after the suit is filed, provided that a copy of the complaint is attached to such waiver, or is otherwise provided to the defendant, and the final decree of divorce as proposed by the complainant is signed by the defendant. The court may enter any order or decree without further notice unless a defendant has filed an answer in the suit.
2. When service is accepted pursuant to this section by a nonresident person out of the Commonwealth, such service shall have the same effect as an order of publication duly executed.
3. Any process served outside the Commonwealth executed in such manner as provided for in this section is validated.

   (1988, c. 583; 1989, c. 562; 1992, c. 563; 2019, cc. 133, 237.)

Editor's note. - Acts 1993, c. 929, cl. 3, as amended by Acts 1994, c. 564, cl. 1, and Acts 1996, c. 616, cl. 3, provides that the amendment to this section by Acts 1993, c. 929, cl. 1, shall become effective June 1, 1998, "only if state funds are provided by the General Assembly sufficient to provide adequate resources, including all local costs, for the court to carry out the purposes of this act and to fulfill its mission to serve children and families of the Commonwealth." The funding was not provided.

The 2019 amendments. - The 2019 amendments by cc. 133 and 237 are identical, and in subsection A, inserted "or a pro se party" in the fourth sentence and inserted the fifth sentence.

Law review. - For 1987 survey of Virginia domestic relations law, see 21 U. Rich. L. Rev. 745 (1987).

For article, "Civil Practice and Procedure," see 54 U. Rich. L. Rev. 7 (2019).

Michie's Jurisprudence. - For related discussion, see 6A M.J. Divorce and Alimony, § 37; 14B M.J. Process, § 56.

Research References. - Bryson on Virginia Civil Procedure (Matthew Bender). Chapter 3 Active Jurisdiction. § 3.01 Process. Bryson.

Virginia Forms (Matthew Bender). No. 2-113 Acceptance/Waiver of Service of Process and Waiver of Future Service of Process and Notice.

§ 20-99.2. Service in divorce and annulment cases.

1. In any suit for divorce or annulment or affirmation of a marriage, process may be served in any manner authorized under § 8.01-296 or 8.01-320 .
2. Any such process served prior to July 1, 1984, shall not be invalidated solely because service was made as prescribed under § 8.01-296 . (1984, c. 611; 2012, cc. 78, 84.)

The 2012 amendments. - The 2012 amendments by cc. 78 and 84 are identical, and added "or 8.01-320 " at the end of subsection A.

Michie's Jurisprudence. - For related discussion, see 6A M.J. Divorce and Alimony, § 37.

CIRCUIT COURT OPINIONS

Immunity from civil service. - Where a husband did not establish that he was a diplomat or diplomatic agent instead of a member of the administrative staff under the Vienna Convention on Diplomatic Relations and Optional Protocol, Nov. 24, 1972, arts. 31 and 37, 23 U.S.T. 3227 or the International Organizations Immunities Act, 22 U.S.C.S. § 288d(b), the husband could not claim immunity of civil process in a divorce proceeding. Abu-Hassan v. Al-Nsour, 64 Va. Cir. 76, 2004 Va. Cir. LEXIS 40 (Fairfax County 2004).

§ 20-100.

Repealed by Acts 1974, c. 123.

§ 20-101.

Repealed by Acts 1975, c. 644.

§ 20-102. When not necessary to allege or prove offer of reconciliation.

It shall not be necessary, in any suit for divorce from the bond of matrimony or from bed and board upon the ground of willful desertion or abandonment, to allege or prove an offer of reconciliation.

(1938, p. 382; Michie Code 1942, § 5106a; 1975, c. 644.)

Michie's Jurisprudence. - For related discussion, see 6A M.J. Divorce and Alimony, § 21, 58.2.

§ 20-103. Court may make orders pending suit for divorce, custody or visitation, etc.

1. In suits for divorce, annulment and separate maintenance, and in proceedings arising under subdivision A 3 or subsection L of § 16.1-241, the court having jurisdiction of the matter may, at any time pending a suit pursuant to this chapter, in the discretion of such court, make any order that may be proper (i) to compel a spouse to pay any sums necessary for the maintenance and support of the petitioning spouse, including (a) an order that the other spouse provide health care coverage for the petitioning spouse, unless it is shown that such coverage cannot be obtained, or (b) an order that a party pay secured or unsecured debts incurred jointly or by either party, (ii) to enable such spouse to carry on the suit, (iii) to prevent either spouse from imposing any restraint on the personal liberty of the other spouse, (iv) to provide for the custody and maintenance of the minor children of the parties, including an order that either party or both parties provide health care coverage or cash medical support, or both, for the children, (v) to provide support, calculated in accordance with § 20-108.2 , for any child of the parties to whom a duty of support is owed and to pay or continue to pay support for any child over the age of 18 who meets the requirements set forth in subsection C of § 20-124.2 , (vi) for the exclusive use and possession of the family residence during the pendency of the suit, (vii) to preserve the estate of either spouse, so that it be forthcoming to meet any decree which may be made in the suit, (viii) to compel either spouse to give security to abide such decree, or (ix)(a) to compel a party to maintain any existing policy owned by that party insuring the life of either party or to require a party to name as a beneficiary of the policy the other party or an appropriate person for the exclusive use and benefit of the minor children of the parties and (b) to allocate the premium cost of such life insurance between the parties, provided that all premiums are billed to the policyholder. Nothing in clause (ix) shall be construed to create an independent cause of action on the part of any beneficiary against the insurer or to require an insurer to provide information relating to such policy to any person other than the policyholder without the written consent of the policyholder. The parties to any petition where a child whose custody, visitation, or support is contested shall show proof that they have attended within the 12 months prior to their court appearance or that they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the court except that the court may require the parties to attend such seminar or program in uncontested cases only if the court finds good cause. The seminar or other program shall be a minimum of four hours in length and shall address the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibilities. Once a party has completed one educational seminar or other like program, the required completion of additional programs shall be at the court's discretion. Parties under this section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in § 20-124.1 . The fee charged a party for participation in such program shall be based on the party's ability to pay; however, no fee in excess of $50 may be charged. Whenever possible, before participating in mediation or alternative dispute resolution to address custody, visitation or support, each party shall have attended the educational seminar or other like program. The court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available. Other than statements or admissions by a party admitting criminal activity or child abuse, no statement or admission by a party in such seminar or program shall be admissible into evidence in any subsequent proceeding. A1. Any award or order made by the court pursuant to subsection A shall be paid from the post-separation income of the obligor unless the court, for good cause shown, orders otherwise. Upon the request of either party, the court may identify and state in such order or award the specific source from which the financial obligation imposed is to be paid.
2. In addition to the terms provided in subsection A, upon a showing by a party of reasonable apprehension of physical harm to that party by such party's family or household member as that term is defined in § 16.1-228, and consistent with rules of the Supreme Court of Virginia, the court may enter an order excluding that party's family or household member from the jointly owned or jointly rented family dwelling. In any case where an order is entered under this paragraph, pursuant to an ex parte hearing, the order shall not exclude a family or household member from the family dwelling for a period in excess of 15 days from the date the order is served, in person, upon the person so excluded. The order may provide for an extension of time beyond the 15 days, to become effective automatically. The person served may at any time file a written motion in the clerk's office requesting a hearing to dissolve or modify the order. Nothing in this section shall be construed to prohibit the court from extending an order entered under this subsection for such longer period of time as is deemed appropriate, after a hearing on notice to the parties. If the party subject to the order fails to appear at this hearing, the court may extend the order for a period not to exceed six months.
3. In cases other than those for divorce in which a custody or visitation arrangement for a minor child is sought, the court may enter an order providing for custody, visitation or maintenance pending the suit as provided in subsection A. The order shall be directed to either parent or any person with a legitimate interest who is a party to the suit.
4. Orders entered pursuant to this section which provide for custody or visitation arrangements pending the suit shall be made in accordance with the standards set out in Chapter 6.1 (§ 20-124.1 et seq.). Orders entered pursuant to subsection B shall be certified by the clerk and forwarded as soon as possible to the local police department or sheriff's office which shall, on the date of receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia crime information network system established and maintained by the Department of State Police pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. If the order is later dissolved or modified, a copy of the dissolution or modification shall also be certified, forwarded and entered in the system as described above.
5. There shall be a presumption in any judicial proceeding for pendente lite spousal support and maintenance under this section that the amount of the award that would result from the application of the formula set forth in this section is the correct amount of spousal support to be awarded. The court may deviate from the presumptive amount as provided in subsection H.
6. If the court is determining both an award of pendente lite spousal support and maintenance and an award of child support, the court shall first make a determination of the amount of the award of pendente lite spousal support, if any, owed by one party to the other under this section.
7. If the parties have minor children in common, the presumptive amount of an award of pendente lite spousal support and maintenance shall be the difference between 26 percent of the payor spouse's monthly gross income and 58 percent of the payee spouse's monthly gross income. If the parties have no minor children in common, the presumptive amount of the award shall be the difference between 27 percent of the payor spouse's monthly gross income and 50 percent of the payee spouse's monthly gross income. For the purposes of this section, monthly gross income shall have the same meaning as it does in section § 20-108.2 .
8. The court may deviate from the presumptive amount for good cause shown, including any relevant evidence relating to the parties' current financial circumstances or the impact of any tax exemption and any credits resulting from such exemptions that indicates the presumptive amount is inappropriate.
9. The presumptive formula set forth in this section shall only apply to cases where the parties' combined monthly gross income does not exceed $10,000.
10. An order entered pursuant to this section shall have no presumptive effect and shall not be determinative when adjudicating the underlying cause.

    (Code 1919, § 5107; 1975, c. 644; 1982, c. 306; 1983, c. 253; 1989, c. 740; 1991, c. 60; 1994, cc. 518, 769; 1995, c. 674; 1996, cc. 767, 866, 879, 884; 1997, c. 605; 1998, c. 616; 2000, c. 586; 2003, cc. 31, 45; 2004, c. 732; 2007, c. 205; 2009, c. 713; 2011, c. 687; 2014, c. 55; 2015, cc. 653, 654; 2016, c. 352; 2020, c. 651.)

Cross references. - As to temporary orders for support, see § 20-71 .

As to violation of provisions of protective orders, see § 16.1-253.2.

As to unauthorized use of electronic tracking device, see § 18.2-60.5 .

As to trespass after having been forbidden to do so, see § 18.2-119 .

As to exclusion from access to premises following entry of court order pursuant to § 20-103 B, see § 55.1-1230 .

Editor's note. - Acts 2000, c. 586, cl. 2, provides that the provisions of c. 586 shall become effective on July 1, 2001.

Acts 2000, c. 586, which amended this section, provided in cl. 4: "That the provisions of this act shall expire on July 1, 2003, unless reenacted by the General Assembly." The section is set out above without the amendment by Acts 2000, c. 586.

Acts 2020, c. 651, cl. 2 provides: "That the provisions of this act shall apply only to suits commenced on or after July 1, 2020, and that the provisions of this act shall not be construed to create a material change in circumstances for the purposes of modifying an existing support order."

The 2000 amendments. - The 2000 amendment by c. 586, effective July 1, 2001, divided subsection A into two paragraphs, and rewrote the present second paragraph of subsection A, which formerly read: "In addition to the authority hereinabove, the court may order parties with a minor child or children to attend educational seminars and other like programs conducted by a qualified person or organization approved by the court, on the effects of the separation or divorce on minor children, parenting responsibilities, options for conflict resolution, and financial responsibilities, provided that no fee in excess of fifty dollars may be charged for participation in any such program. No statement or admission by a party in such seminar or program shall be admissible into evidence in any subsequent proceeding."

The 2003 amendments. - The 2003 amendments by cc. 31 and 45 are identical, and rewrote subsection A; and twice substituted "15" for "fifteen" in subsection B.

The 2004 amendments. - The 2004 amendment by c. 732, in subsection A, substituted "is contested" for "is at issue for an original decision, whether contested or by agreement" and inserted "except that the court may require the parties to attend such seminar or program in uncontested cases only if the court finds good cause"; and substituted "this title" for Title 20" in subsection D.

The 2007 amendments. - The 2007 amendment by c. 205 added the last sentence of subsection B.

The 2009 amendments. - The 2009 amendment by c. 713 inserted "or both parties" and "or cash medical support, or both" in clause (iv) of subsection A.

The 2011 amendments. - The 2011 amendment by c. 687, in the first sentence in subsection A, added the clause (i)(a) designation and clause (i)(b); and in subsection D, deleted "of this title" following "( § 20-124.1 et seq.)."

The 2014 amendments. - The 2014 amendment by c. 55 in subsection A inserted clause (ix) in the first sentence, added the second sentence and made minor stylistic changes.

The 2015 amendments. - The 2015 amendments by cc. 653 and 654 are identical, and substituted "pay or continue to pay support for" for "continue to support" preceding "any" in clause (v) of subsection A.

The 2016 amendments. - The 2016 amendment by c. 352 added subsection A1.

The 2020 amendments. - The 2020 amendment by c. 651, inserted subsections E through I and redesignated former subsection E as subsection J. For applicability clause, see Editor's note.

Law review. - For survey of Virginia law on domestic relations for the year 1974-1975, see 61 Va. L. Rev. 1732 (1975). For an overview of Virginia Supreme Court decisions on domestic relations, see 15 U. Rich. L. Rev. 321 (1981). For comment on spouse abuse in Virginia, see 17 U. Rich. L. Rev. 633 (1983). As to interpretation of § 20-103 in dealing with payments of family mortgage, see 22 U. Rich. L. Rev. 565 (1988). For survey on domestic relations in Virginia for 1989, see 23 U. Rich. L. Rev. 561 (1989).

For 1995 survey of domestic relations, see 29 U. Rich. L. Rev. 993 (1995).

For casenote & comment, "A Privilege for 'Mommy Dearest'? Criticizing Virginia's Mental Health Records Privilege in Custody Disputes and the Court's Application in Schwartz v. Schwartz," see 13 Geo. Mason L. Rev. 1341 (2006).

For annual survey article, "Family Law," see 46 U. Rich. L. Rev. 145 (2011).

Michie's Jurisprudence. - For related discussion, see 6A M.J. Divorce and Alimony, §§ 35, 50, 53, 66, 67, 80, 81; 14A M.J. Parent and Child, § 4.

§ 20-104. Order of publication against nonresident defendant.

In any suit for annulment, for divorce, either a vinculo matrimonii or a mensa et thoro, or for affirmance of a marriage, an affidavit shall be filed that the defendant is not a resident of the Commonwealth of Virginia, or that diligence has been used by or on behalf of the plaintiff to ascertain in what county or city such defendant is, without effect, an order of publication shall be entered against such defendant by the court, or by the clerk of the court wherein such suit is pending, either in term time or vacation, which order shall state the object of the suit and the grounds thereof, and the order of publication shall be published as required by law. If the plaintiff in the suit has been determined to be indigent by the court pursuant to § 19.2-159, the order stating the object of the suit and the grounds thereof shall be mailed to the defendant at his last known address and posted on the main entrance to the circuit courthouse of the city or county wherein the suit is filed, and no order of publication shall be required. No depositions in the suit shall be commenced until at least 10 days shall have elapsed after the order has been duly published or mailed and posted as required by law.

All annulments or divorces heretofore granted in suits in which the defendant was proceeded against by an order of publication or of mailing and posting which required the defendant to appear within 10 days after due publication or mailing and posting thereof, and in which depositions were taken less than 15 days, but not less than 10 days, after such due publication or mailing and posting and in suits in which the defendant was proceeded against by an order of publication or of mailing and posting issued on an affidavit that diligence had been used by or on behalf of the plaintiff to ascertain in what county or city such defendant was, without effect, or wherein the order of publication or of mailing and posting was entered by the court, are hereby validated and declared to be binding upon the parties to such suit, when the other proceedings therein were regular and the annulment or divorce otherwise valid.

The cost of such publication or of such mailing and posting shall be paid by the petitioner or applicant.

(Code 1919, § 5108; 1938, p. 111; 1940, p. 642; 1942, p. 202; 1950, p. 72; 1975, c. 644; 1996, c. 352; 2008, c. 699.)

The 2008 amendments. - The 2008 amendment by c. 699, in the first paragraph, inserted the second sentence, substituted "has been duly published or mailed and posted" for "of publication has been duly published" in the last sentence; in the second paragraph, inserted "or of mailing and posting" following "order of publication" four times, and inserted "or mailing and posting" following "after due publication"; and in the last paragraph inserted "or of such mailing and posting."

Law review. - For discussion of the question of whether Virginia denies indigents the right to divorce, see 12 U. Rich. L. Rev. 735 (1978).

Michie's Jurisprudence. - For related discussion, see 6A M.J. Divorce and Alimony, § 37, 39; 12B M.J. Marriage, § 18.

Research References. - Bryson on Virginia Civil Procedure (Matthew Bender). Chapter 3 Active Jurisdiction. § 3.01 Process. Bryson.

§ 20-104.1. Orders of publication may be combined.

Orders of publication as provided for in § 20-104 in any two or more suits for annulment or divorce may be combined into a single order to be published as required by law; provided that, at such time as the clerk may direct the plaintiff in each case shall pay to the clerk a pro rata share of the expense of such publication. Payments made by any plaintiff shall be subject to the provisions of § 20-99 as to costs.