Virginia statute
Va. Code Ann. § 16.1-278.16 — Failure to comply with support obligation; payroll deduction; commitment
Current through 2026 Regular Session
Part of Article 9: Disposition, Code of Virginia.
Full text of Va. Code Ann. § 16.1-278.16
Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.
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 .
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