Code of Virginia § 16.1-278.16. Failure to comply with support obligation; payroll deduction; commitment.
352 words·~2 min read·
/va/title-16-1/chapter-11/16-1-278-16·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In cases involving
(i)the custody, visitation, or support of a child arising under subdivision A 3 of § 16.1-241 ,
(ii)spousal support arising under subsection L of § 16.1-241 ,
(iii)support, maintenance, care, and custody of a child or support and maintenance of a spouse transferred to the juvenile and domestic relations district court pursuant to § 20-79 , or
(iv)motions to enforce administrative support orders entered pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2, when the court finds that the respondent
(a)has failed to perform or comply with a court order concerning the custody and visitation of a child or a court or administrative order concerning the support and maintenance of a child or a court order concerning the support and maintenance of a spouse or
(b)under existing circumstances, is under a duty to render support or additional support to a child or pay the support and maintenance of a spouse, the court may order a payroll deduction as provided in § 20-79.1 , or the giving of a recognizance as provided in § 20-114 . If the court finds that the respondent has failed to perform or comply with such order, and personal or substitute service has been obtained, the court may issue a civil show cause summons or a capias pursuant to this section. The court also may order the commitment of the person as provided in § 20-115 or the court may, in its discretion, impose a sentence of up to 12 months in jail, notwithstanding the provisions of §§ 16.1-69.24 and 18.2-458 , relating to punishment for contempt. If the court finds that an employer, who is under a payroll deduction order pursuant to § 20-79.1 , has failed to comply with such order after being given a reasonable opportunity to show cause why he failed to comply with such order, then the court may proceed to impose sanctions on the employer pursuant to subdivision B 9 of § 20-79.3 .
1991, c. 534; 2003, cc. 929 , 942 ; 2004, c. 219 ; 2020, c. 722 .