Posts Tagged ‘Richmond Virginia’

Virginia Underage Drinking & DUI Defense

The Commonwealth of Virginia has made some new changes to the underage drinking laws in Virginia. As of July 1, 2010, the change in the laws regarding alcohol and minors have significantly increased the restrictions and penalties associated with underage drinking of alcohol by minors. Both the drinking of alcohol of minors and the driving under the influence by minors laws have become more harsher and they both affect the minors’ drivers license. 

Regarding minors being caught in possession of alcohol (Minor in Possession), a second offense of Minor in Possession will result in the possible loss of the minor’s license for up to a year in Virginia. The previous law only allowed the State to take the license for up to 6 months. Keep in mind, the loss of license will be imposed regardless of if you had been driving at the time of the offense.
Another significant change was the change in the law as to penalties for minors convicted of Driving Under the Influence (DUI). Virginia Courts used to have the authority to grant a restricted license to drive to school for minors convicted of DUI in Virginia. The new law makes it mandatory for the Judge to revoke the driver’s license of a minor convicted of a DUI in Virginia.

If you have been charged with underage drinking (Minor in Possession of alcohol) or Underage DUI in Virginia, contact the SRIS Law Group Virginia DUI lawyers for help.

The SRIS Law Group has offices in Fairfax County, Prince William County, Richmond, Virginia Beach, Loudoun County, Fredericksburg & Lynchburg.

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A Spotsylvania man was arrested July 7 for destruction of property after police found several people loitering near the proposed Slavery Museum site in Fredericksburg.

Going through a divorce is one of the most stressful experiences you will go through in your entire life.

The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a divorce.

If you are in the unfortunate position of having to file for a divorce in Virginia or you have been served with a divorce complaint in Virginia, you need the help of an experienced divorce lawyer in Virginia.

The SRIS Law Group Virginia divorce lawyers have a thorough understanding of the divorce laws in Virginia and how the Virginia divorce laws may apply to your case.

Our Virginia divorce attorneys have helped many clients who are going through a divorce in Virginia.

If you need help with a Virginia divorce, contact us for help at 888-437-7747.

We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg.

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Jorge Torrez, 21, is in custody in Virginia for an unrelated crime, according to the family. Torrez was reportedly living one block away from where the bodies were found. Torrez was arrested in February for attempting to abduct a woman in Arlington, Va.

Going thru a child custody case is one of the most stressful experiences you will go through in your entire life.

The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a child custody case.

If you are in the unfortunate position of having to file for child custody in Virginia or you have been served with a child custody complaint in Virginia, you need the help of an experienced child custody lawyer in Virginia.

The SRIS Law Group Virginia child custody lawyers have a thorough understanding of the child custody laws in Virginia and how the Virginia child custody laws may apply to your case.

Our Virginia child custody attorneys have helped many clients who are going through a child custody case in Virginia.

If you need help with a Virginia child custody case, contact us for help at 888-437-7747.

We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg

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Implied Consent in Virginia and Refusal

In Virginia, every person who drives on a public highway has impliedly consented to have samples of his blood or breath taken. If a drivers refuses to give a blood or breath sample when requested to do so upon being arrested for DWI or DUI in Virginia, they violate the implied consent law.  One exception to the implied consent law is if you were driving a motor vehicle on private property.

So if you were stopped on private property in Fairfax County, Virginia, Richmond, Virginia, Virginia Beach, Virginia, Lynchburg, Virginia, Prince William County, Virginia, Fredericksburg, Virginia or any other county in Virginia, then you would not be required by law to take a breath or blood test.   

Virginia DUI Code Section 18.2-268.3 states that it is “unlawful” for a person who is arrested for a violation of 18.2-266 (DWI) 18.2-266.1 (Underage DWI), or 18.2-272 (Driving on a Revoked License) to “unreasonably refuse” to have samples of his blood or breath, or both blood and breath, taken.

What makes a refusal “unreasonable” in Virginia?

The answer to this question is fact specific and some guidance has been provided by Virginia case law?

Keep in a mind, that if a driver accused of DUI, DWI, or any other drunk driving offense voluntarily takes the breath test, the BAC results may be used against the driver at trial.

It is common practice in Virginia for police officers to charge drivers accused of a DUI in Virginia or DWI in Virginia with both a DUI/DWI and Unreasonable Refusal.

Frequently, a Virginia prosecutor will try to prove the DUI without the benefit of a breath or blood test.  The Virginia prosecutor will rely on any field sobriety tests conducted on the side of the road, driving behavior, statements made by the driver, and the officer’s general observations about the driver (such as his or her demeanor, motor skills, balance, speech, etc.).

Penalty/Punishment for Refusal of Breath or Blood Test in Virginia

A first offense of refusal to take a breath or blood test is a civil offense. Therefore, the penalty is 12 month loss of license. This license loss is in addition to the license loss imposed for the accompanying DWI/DUI if you are convicted of both.  In Virginia, a judge has no discretion to authorize restricted driving privileges on the license loss imposed for the Unreasonable Refusal conviction.

Second or subsequent violations are criminal offenses that can be either a Class 1 or 2 misdemeanors punishable by up to 6 to 12 months in jail, substantial fines, and loss of license.

Contact an Experienced Virginia DUI/DWI Defense Attorney

Call the SRIS Law Group Virginia DUI lawyers today if you have been charged with DWI/DUI/drunk driving or refusal in Virginia.  We have offices in Fairfax County, Prince William County (Northern Virginia) , Fredericksburg, Richmond (Central Virginia) Virginia Beach (Hampton Roads/Tidewater) and Lynchburg (Western Virginia). 

Contact us today by calling 888-437-7747.

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VIRGINIA PRESCRIPTION FORGERY LAWS & DEFENSE

Anybody can become addicted to painkillers and other prescription drugs. Prescription medication can be highly addictive.  As a result of this addiction, people will frequently attempt to obtain drugs and other controlled substances by fraud, deceit, or forgery. If you are being charged with prescription fraud, the Commonwealth of Virginia will most likely charge you under Virginia Code Section 18.2-258.1.

The SRIS Law Group provides its clients with skilled defense against Prescription Drug Charges in Virginia

If you or someone you love has been charged with prescription drug possession, prescription fraud, possession of fraudulent or forged prescriptions, the charge must be taken seriously and defended aggressively to obtain the best result possible.  Don’t wait until it’s too late to hire an experienced Virginia prescription fraud lawyer.   

Our Virginia prescription drug fraud lawyers will discuss your case with you and begin to prepare the defenses available to you against a charge of  prescription fraud, possession of prescription drugs, possession with intent to distribute, or other drug charges.

The SRIS Law Group Virginia drug crimes lawyers defend clients against criminal charges and activity related to prescription medication and other drugs, including:

• Prescription drug possession

• Possession of fraudulent prescriptions

• Stolen prescription pads

• Calling in fraudulent prescriptions to a pharmacy

• Using computers to create fraudulent prescriptions

• Illegally altering or changing valid scripts

• Drug treatment and rehabilitation instead of time in jail or prison

The Penalties are very serious for Prescription Drug Fraud in Virginia

In Virginia, whether you are facing a felony or misdemeanor crime will depend on the type of drug and the amount of drug or controlled substance you allegedly possessed:

Schedule II drugs include powerful painkillers and stimulants such as methadone, Ritalin, morphine, cocaine and methamphetamine. Possession of these types of drugs is a felony with a possible sentence of up to 10 years in prison and a fine of up to $2,500.

Schedule III drugs include medications such as Vicodin, hydrocodone, Special K, Fentanyl, steroids, and other depressants. Possessing these drugs is a misdemeanor and the potential penalty is up to 12 months in jail and a fine of up to $2,500.

Schedule IV drugs include less-addicting painkillers, tranquilizers and anti-anxiety medications such as Xanax, Valium and others. Possession of a Schedule IV drug is a misdemeanor with a possible penalty of up to 6 months in jail and fines of up to $1,000.

Contact us today if you need to defend yourself against any type of prescription drug charge in Virginia.

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VIRGINIA CHILD SUPPORT

OBTAINING, MODIFICATION & ENFORCEMENT

Clients in Virginia who need help with either obtaining child support or modifying an existing child support order can encounter some significant hurdles. 

In theory, the Virginia legislature has created some very easy to follow rules in terms of determining child support.  However, there are a variety of different factors to consider when determining child support. 

Some of the different factors the courts have to evaluate when determining support in Virginia are:
• If someone is underemployed or voluntarily unemployed. 
• How to handle a self employed individual’s income?
• How to determine if someone is declaring all of their income?
• What is income?
• How much support should be allocated to a child from a prior marriage?
• How to determine whether someone should get support based on shared custody guidelines vs. primary physical custody guidelines.
• How to go about enforcing a child support order?
• How to deal with a Show Cause Motion filed by one of the parties in a child support case?

These are just some of the issues a client who is dealing with child support in Virginia may have to deal with in a child support case.  If you or a loved one is dealing with child support issues in Virginia, then contacting a Virginia child support lawyer may be the best option.

The SRIS Law Group Virginia child support lawyers are familiar with the laws addressing child support in Virginia and can help you navigate this very complicated system.

If you need help with getting child support or modifying an existing child support order or filing a Show Cause Motion for failure to pay child support, the SRIS Law Group child support attorneys can help you with these types of issues.

Contact a SRIS Law Group Virginia child support attorney for help today.

Our Virginia child support attorneys and staff speak the following languages in addition to English: Arabic, Spanish, Mandarin, Cantonese, Tamil, Telugu, Hindi & French.

The following are some of the Virginia child support laws in Virginia:

Title 20 – DOMESTIC RELATIONS
Chapter 4.1 – Support
§ 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.

§ 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.

§ 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, driver’s license number, and the name and address of his or her 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 the continuation of support for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, (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. a. 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
b. 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 of the name, address and telephone number of his current employer, or if payments are ordered to be paid directly to the obligee, a provision requiring an obligor to keep the court informed of the name, address and telephone number of his current employer;
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 § 6.1-330.54 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 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.

§ 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.

§ 20-60.5. Support payment provisions; how paid.
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.
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 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.
B. 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.
C. 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 five dollars on a support payment as provided in § 63.2-1951.
D. 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.
E. 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.
F. 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, 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.

§ 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.
CHAPTER 5 Desertion and Nonsupport (20-61 thru 20-88.02:1)

§ 20-63. Support payments by county or city.
(a) 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 court which originally sentenced the prisoner for the support of his or her spouse or child or children, a sum not less than five nor more than twenty-five dollars for each week in the discretion of the court during any part of which any work is so performed by such prisoner.
(b) [Repealed.]

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 20-78.1. Effect of entry of support order in certain garnishment proceedings.
A. 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.
B. 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.
C. The provisions of this section shall apply to arrearages accumulated prior to and after July 1, 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 § 6.1-330.54 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.

§ 20-79. Effect of divorce proceedings.
(a) 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.
(b) 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.
(c) 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. 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. 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 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.

§ 20-79.1. Enforcement of support orders; income deduction; penalty for wrongful discharge.
A. 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 terms “employer” and “income” shall have the meanings prescribed in § 63.2-1900. 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 (i) based upon the obligor’s past financial responsibility, history of prior payments pursuant to any such support order, and any other matter which the court considers relevant in determining the likelihood of payment in accordance with the support order, or (ii) at the request of the obligor.
B. 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 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 ten 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 ten 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 forty-five 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.
C. 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.
D. The rights and responsibilities of employers with respect to income deduction orders are set out in § 20-79.3.
E. 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 by the employer. If the employer is a corporation, such service shall be accomplished as is provided in § 8.01-513.
F. 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.
G. 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.
H. 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 this 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 this Commonwealth may be enforced in a similar manner in such other state, territory or district.
I. 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.
J. 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.

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

§ 20-79.3. Information required in income deduction order.
A. Orders for withholding from the income of an employee 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 § 63.2-1900, a single monetary amount or the maximum amount permitted under § 34-29, whichever is less, for each regular pay period of the obligor and payment may be by check. The terms “employer” and “income” shall have the meanings prescribed in § 63.2-1900;
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;
4. A statement of the maximum percentage under § 34-29 which 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 which 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 which 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 five dollars may be charged by the employer to the employee for the administration of this requirement;
6. That a fee of five dollars 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 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 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 which 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, 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 to the Department, by first-class mail, any amount required to be deducted or (ii) by submitting such amounts by electronic funds transfer transmitted within fours days of the obligor’s regular pay date;
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 a copy of the withholding order and the notice to the employee sent by the court.
B. 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, (iii) does not state the maximum percentage which may be withheld pursuant to § 34-29, (iv) contains information which 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.

§ 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.

§ 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.

§ 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.
“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.
“Home state” means the state 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 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 state” means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this chapter or law or procedure substantially similar to this chapter.
“Initiating tribunal” means the authorized tribunal in an initiating state.
“Issuing state” means the state in which a tribunal issues a support order or renders a judgment determining parentage.
“Issuing tribunal” means the tribunal that issues a support order or renders a judgment determining parentage.
“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 has been issued or a judgment determining parentage has been rendered, (ii) a state or political subdivision 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, or (iii) an individual seeking a judgment determining parentage of the individual’s child.
“Obligor” means an individual, or the estate of a decedent, who (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, or (iii) is liable under a support order.
“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 a support order or judgment determining parentage in the juvenile and domestic relations district court or with the Division of Child Support Enforcement of the Department of Social Services.
“Registering tribunal” means a tribunal in which a support order is registered.
“Responding state” means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this chapter or a law or procedure substantially similar to this chapter.
“Responding tribunal” means the authorized tribunal in a responding state.
“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, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe. The term includes any foreign country or political subdivision that has been declared to be a foreign reciprocating country or political subdivision under federal law, has established a child support reciprocity arrangement with the Commonwealth, or has enacted a law or established procedures for issuance and enforcement of support orders that are substantially similar to the procedures under this chapter.
“Support enforcement agency” means a public official or agency authorized to seek enforcement of support orders or laws relating to the duty of support, establishment or modification of child support, determination of parentage, location of obligors or their assets, or 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, or order, whether temporary, final, or subject to modification, issued by a tribunal for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, 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; however, the support enforcement agency of the Commonwealth has no authority to establish or enforce a support order for spousal support only.

§ 20-88.35. Bases for jurisdiction over nonresident.
In a proceeding to establish or enforce a support order or to determine parentage, 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 exercise of personal jurisdiction is authorized under subdivision A 8 of § 8.01-328.1; or
7. 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.

§ 20-88.38. Simultaneous proceedings in another state.
A. A tribunal of this 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 only if:
1. The petition or comparable pleading in this Commonwealth is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;
2. The contesting party timely challenges the exercise of jurisdiction in the other state; and
3. If relevant, this Commonwealth is the home state of the child.
B. A tribunal of this 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 if:
1. The petition or comparable pleading in the other state is filed before the expiration of the time allowed in this Commonwealth for filing a responsive pleading challenging the exercise of jurisdiction by this Commonwealth;
2. The contesting party timely challenges the exercise of jurisdiction in this Commonwealth; and
3. If relevant, the other state is the home state of the child.

§ 20-88.39. Continuing, exclusive jurisdiction to modify child support order.
A. 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.
B. 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.
C. 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.
D. 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.
E. A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
F. The support enforcement agency of the Commonwealth is not authorized to establish or enforce a support order for spousal support only.

§ 20-88.40. Continuing jurisdiction to enforce child support order.
A. 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 another state is the controlling order.
B. A tribunal of the Commonwealth having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.

§ 20-88.41. Determination of controlling child support order.
A. 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.
B. 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 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:
1. If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls and shall be so recognized.
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, but (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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.

§ 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, 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.

§ 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.

§ 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 support order of a foreign country or political subdivision on the basis of comity may receive evidence from another state pursuant to § 20-88.59, communicate with a tribunal of another state pursuant to § 20-88.60 and obtain discovery through a tribunal of another state pursuant to § 20-88.61. In all other respects, Articles 5 (§ 20-88.44 et seq.) through 10 (§ 20-88.78) of this chapter do not apply and the tribunal shall apply the procedural and substantive law of the Commonwealth.

§ 20-88.62. Receipt and disbursement of payments.
A. 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 a certified statement by the custodian of the record of the amounts and dates of all payments received.
B. 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.
C. 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.

§ 20-88.63. Petition to establish support order.
A. If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of the Commonwealth may issue a support order if (i) the individual seeking the order resides in another state or (ii) the support enforcement agency seeking the order is located in another state.
B. 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.
C. 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.

§ 20-88.64. Employer’s receipt of income-withholding order of another state.
An income-withholding order issued by a tribunal 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.

§ 20-88.64:1. Employer’s compliance with income-withholding order of another state.
A. 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.
B. 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.
C. 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.

§ 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.

§ 20-88.66. Registration of order for enforcement.
A support order or an income-withholding order issued by a tribunal of another state may be registered in this Commonwealth for enforcement.

§ 20-88.67. Procedure to register order for enforcement.
A. A support order or income-withholding order of another state may be registered in the Commonwealth by sending the following records and information 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.
B. On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign support order, together with one copy of the documents and information, regardless of their form.
C. 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.
D. 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.
E. 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.

§ 20-88.68. Effect of registration for enforcement.
A. A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this Commonwealth.
B. A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this Commonwealth.
C. Except as otherwise provided in this article, a tribunal of this Commonwealth shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.

§ 20-88.69. Choice of law; statute of limitations.
A. Except as otherwise provided in subsection D, the law of the issuing state 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.
B. In a proceeding for arrears under a registered support order, the statute of limitations of the Commonwealth or of the issuing state, whichever is longer, applies.
C. 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 registered in the Commonwealth.
D. 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 issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

§ 20-88.70. Notice of registration of order; contest of validity or enforcement.
A. When a support order or income-withholding order issued in another state is registered, the registering tribunal 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.
B. 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;
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.
C. 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 registering individual or support enforcement agency or individual 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.
D. Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor’s employer pursuant to the income-withholding for support law of the Commonwealth.

§ 20-88.71. Procedure to contest validity or enforcement of registered order.
A. A nonregistering party seeking to contest the validity or enforcement of a registered order in this Commonwealth shall request a hearing within twenty days after notice of the registration. 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.
B. If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.
C. If a nonregistering party requests a hearing to contest the validity or enforcement of the registered 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.

§ 20-88.72. Contest of registration or enforcement.
A. A party contesting the validity or enforcement of a registered 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.
B. If a party presents evidence establishing a full or partial defense under subsection A, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of the Commonwealth.
C. If the contesting party does not establish a defense under subsection A to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.

§ 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.

§ 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 order may be modified only if the requirements of § 20-88.76, 20-88.77:1 or 20-88.77:3 have been met.

§ 20-88.76. Modification of child support order of another state.
A. If § 20-88.77:1 does not apply, except as otherwise provided in § 20-88.77:3, 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:
a. Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
b. A petitioner who is a nonresident of the Commonwealth seeks modification; and
c. The respondent is subject to the personal jurisdiction of the tribunal of the Commonwealth; or
2. The Commonwealth is the state of 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.
B. 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.
C. Except as otherwise provided in § 20-88.77:3, 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.
D. 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.
E. 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.

§ 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.

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

§ 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.

§ 20-88.77:3. Jurisdiction to modify child support order of foreign country or political subdivision.
A. If a foreign country or political subdivision that is a state will not or may not modify its 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 or political subdivision.
B. An order issued pursuant to this section is the controlling order.

§ 20-107.2. Court may decree as to custody and support of minor children.
Upon entry of a decree providing (i) for the dissolution of a marriage, (ii) for a divorce, whether from the bond of matrimony or from bed and board, (iii) that neither party is entitled to a divorce, or (iv) for separate maintenance, the court may make such further decree as it shall deem expedient concerning the custody or visitation and support of the minor children of the parties as provided in Chapter 6.1 (§ 20-124.1 et seq.) of Title 20, including an order that either party or both parties provide health care coverage or cash medical support, or both.

§ 20-108.1. Determination of child or spousal support.
A. In any proceeding on the issue of determining spousal support, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court’s decision shall be rendered based upon the evidence relevant to each individual case.
B. In any proceeding on the issue of determining child support under this title or Title 16.1 or Title 63.2, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court’s decision in any such proceeding shall be rendered upon the evidence relevant to each individual case. However, there shall be a rebuttable presumption in any judicial or administrative proceeding for child support, including cases involving split custody or shared custody, that the amount of the award which would result from the application of the guidelines set out in § 20-108.2 is the correct amount of child support to be awarded. Liability for support shall be determined retroactively for the period measured from the date that the proceeding was commenced by the filing of an action with any court provided the complainant exercised due diligence in the service of the respondent 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 on the obligor.
In order to rebut the presumption, the court shall make written findings in the order, which findings may be incorporated by reference, that the application of such guidelines would be unjust or inappropriate in a particular case. The finding that rebuts the guidelines shall state the amount of support that would have been required under the guidelines, shall give a justification of why the order varies from the guidelines, and shall be determined by relevant evidence pertaining to the following factors affecting the obligation, the ability of each party to provide child support, and the best interests of the child:
1. Actual monetary support for other family members or former family members;
2. Arrangements regarding custody of the children, including the cost of visitation travel;
3. Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to the custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not included in the computation and provided further, that any consideration of imputed income based on a change in a party’s employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party;
4. Debts of either party arising during the marriage for the benefit of the child;
5. Direct payments ordered by the court for maintaining life insurance coverage pursuant to subsection D, education expenses, or other court-ordered direct payments for the benefit of the child;
6. Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;
7. Any special needs of a child resulting from any physical, emotional, or medical condition;
8. Independent financial resources of the child or children;
9. Standard of living for the child or children established during the marriage;
10. Earning capacity, obligations, financial resources, and special needs of each parent;
11. Provisions made with regard to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;
12. Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;
13. A written agreement, stipulation, consent order, or decree between the parties which includes the amount of child support; and
14. Such other factors as are necessary to consider the equities for the parents and children.
C. In any proceeding under this title or Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have the authority to order either party or both parties to provide health care coverage or cash medical support, as defined in § 63.2-1900, or both, for dependent children if reasonable under all the circumstances and health care coverage for a spouse or former spouse.
D. In any proceeding under this title, Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have the authority to order a party to (i) maintain any existing life insurance policy on the life of either party provided the party so ordered has the right to designate a beneficiary and (ii) designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the party so ordered has a statutory obligation to pay child support for the child or children.
E. Except when the parties have otherwise agreed, in any proceeding under this title, Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have the authority to and may, in its discretion, order one party to execute all appropriate tax forms or waivers to grant to the other party the right to take the income tax dependency exemption for any tax year or future years, for any child or children of the parties for federal and state income tax purposes.
F. Notwithstanding any other provision of law, any amendments to this section shall not be retroactive to a date before the effective date of the amendment, and shall not be the basis for a material change in circumstances upon which a modification of child support may be based.
G. Child support payments, whether current or arrears, received by a parent for the benefit of and owed to a child in the parent’s custody, whether the payments were ordered under this title, Title 16.1, or Title 63.2, shall not be subject to garnishment. A depository wherein child support payments have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of deposits which are subject to garnishment.

§ 20-108.2. Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary.
A. There shall be a rebuttable presumption in any judicial or administrative proceeding for child support under this title or Title 16.1 or 63.2, including cases involving split custody or shared custody, that the amount of the award which would result from the application of the guidelines set forth in this section is the correct amount of child support to be awarded. In order to rebut the presumption, the court shall make written findings in the order as set out in § 20-108.1, which findings may be incorporated by reference, that the application of the guidelines would be unjust or inappropriate in a particular case as determined by relevant evidence pertaining to the factors set out in § 20-108.1. The Department of Social Services shall set child support at the amount resulting from computations using the guidelines set out in this section pursuant to the authority granted to it in Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 and subject to the provisions of § 63.2-1918.
B. For purposes of application of the guideline, a basic child support obligation shall be computed using the schedule set out below. For combined monthly gross income amounts falling between amounts shown in the schedule, basic child support obligation amounts shall be extrapolated. However, unless one of the following exemptions applies where the sole custody child support obligation as computed pursuant to subdivision G 1 is less than $65 per month, there shall be a presumptive minimum child support obligation of $65 per month payable by the payor parent. Exemptions from this presumptive minimum monthly child support obligation shall include: parents unable to pay child support because they lack sufficient assets from which to pay child support and who, in addition, are institutionalized in a psychiatric facility; are imprisoned for life with no chance of parole; are medically verified to be totally and permanently disabled with no evidence of potential for paying child support, including recipients of Supplemental Security Income (SSI); or are otherwise involuntarily unable to produce income. “Number of children” means the number of children for whom the parents share joint legal responsibility and for whom support is being sought.
SCHEDULE OF MONTHLY BASIC CHILD SUPPORT OBLIGATIONS

COMBINED
MONTHLY
   GROSS      ONE        TWO       THREE      FOUR       FIVE        SIX
  INCOME     CHILD    CHILDREN   CHILDREN   CHILDREN   CHILDREN   CHILDREN
   0-599       65         65         65         65         65         65
     600      110        111        113        114        115        116
     650      138        140        142        143        145        146
     700      153        169        170        172        174        176
     750      160        197        199        202        204        206
     800      168        226        228        231        233        236
     850      175        254        257        260        263        266
     900      182        281        286        289        292        295
     950      189        292        315        318        322        325
    1000      196        304        344        348        351        355
    1050      203        315        373        377        381        385
    1100      210        326        402        406        410        415
    1150      217        337        422        435        440        445
    1200      225        348        436        465        470        475
    1250      232        360        451        497        502        507
    1300      241        373        467        526        536        542
    1350      249        386        483        545        570        576
    1400      257        398        499        563        605        611
    1450      265        411        515        581        633        645
    1500      274        426        533        602        656        680
 
    1550      282        436        547        617        672        714
    1600      289        447        560        632        689        737
    1650      295        458        573        647        705        754
    1700      302        468        587        662        721        772
    1750      309        479        600        676        738        789
    1800      315        488        612        690        752        805
    1850      321        497        623        702        766        819
    1900      326        506        634        714        779        834
    1950      332        514        645        727        793        848
    2000      338        523        655        739        806        862
    2050      343        532        666        751        819        877
    2100      349        540        677        763        833        891
    2150      355        549        688        776        846        905
    2200      360        558        699        788        860        920
    2250      366        567        710        800        873        934
    2300      371        575        721        812        886        948
    2350      377        584        732        825        900        963
    2400      383        593        743        837        913        977
    2450      388        601        754        849        927        991
    2500      394        610        765        862        940       1006
 
    2550      399        619        776        874        954       1020
    2600      405        627        787        886        967       1034
    2650      410        635        797        897        979       1048
    2700      415        643        806        908        991       1060
    2750      420        651        816        919       1003       1073
    2800      425        658        826        930       1015       1085
    2850      430        667        836        941       1027       1098
    2900      435        675        846        953       1039       1112
    2950      440        683        856        964       1052       1125
    3000      445        691        866        975       1064       1138
    3050      450        699        876        987       1076       1152
    3100      456        707        886        998       1089       1165
    3150      461        715        896       1010       1101       1178
    3200      466        723        906       1021       1114       1191
    3250      471        732        917       1032       1126       1205
    3300      476        740        927       1044       1139       1218
    3350      481        748        937       1055       1151       1231
    3400      486        756        947       1067       1164       1245
    3450      492        764        957       1078       1176       1258
    3500      497        772        967       1089       1189       1271
 
    3550      502        780        977       1101       1201       1285
    3600      507        788        987       1112       1213       1298
    3650      512        797        997       1124       1226       1311
    3700      518        806       1009       1137       1240       1326
    3750      524        815       1020       1150       1254       1342
    3800      530        824       1032       1163       1268       1357
    3850      536        834       1043       1176       1283       1372
    3900      542        843       1055       1189       1297       1387
    3950      547        852       1066       1202       1311       1402
    4000      553        861       1078       1214       1325       1417
    4050      559        871       1089       1227       1339       1432
    4100      565        880       1101       1240       1353       1448
    4150      571        889       1112       1253       1367       1463
    4200      577        898       1124       1266       1382       1478
    4250      583        907       1135       1279       1396       1493
    4300      589        917       1147       1292       1410       1508
    4350      594        926       1158       1305       1424       1523
    4400      600        935       1170       1318       1438       1538
    4450      606        944       1181       1331       1452       1553
    4500      612        954       1193       1344       1467       1569
 
    4550      618        963       1204       1357       1481       1584
    4600      624        972       1216       1370       1495       1599
    4650      630        981       1227       1383       1509       1614
    4700      635        989       1237       1395       1522       1627
    4750      641        997       1247       1406       1534       1641
    4800      646       1005       1257       1417       1546       1654
    4850      651       1013       1267       1428       1558       1667
    4900      656       1021       1277       1439       1570       1679
    4950      661       1028       1286       1450       1582       1692
    5000      666       1036       1295       1460       1593       1704
    5050      671       1043       1305       1471       1605       1716
    5100      675       1051       1314       1481       1616       1728
    5150      680       1058       1323       1492       1628       1741
    5200      685       1066       1333       1502       1640       1753
    5250      690       1073       1342       1513       1651       1765
    5300      695       1081       1351       1524       1663       1778
    5350      700       1088       1361       1534       1674       1790
    5400      705       1096       1370       1545       1686       1802
    5450      710       1103       1379       1555       1697       1815
    5500      714       1111       1389       1566       1709       1827
 
    5550      719       1118       1398       1576       1720       1839
    5600      724       1126       1407       1587       1732       1851
    5650      729       1133       1417       1598       1743       1864
    5700      734       1141       1426       1608       1755       1876
    5750      739       1148       1435       1619       1766       1888
    5800      744       1156       1445       1629       1778       1901
    5850      749       1163       1454       1640       1790       1913
    5900      753       1171       1463       1650       1801       1925
    5950      758       1178       1473       1661       1813       1937
    6000      763       1186       1482       1672       1824       1950
    6050      768       1193       1491       1682       1836       1962
    6100      773       1201       1501       1693       1847       1974
    6150      778       1208       1510       1703       1859       1987
    6200      783       1216       1519       1714       1870       1999
    6250      788       1223       1529       1724       1882       2011
    6300      792       1231       1538       1735       1893       2023
    6350      797       1238       1547       1745       1905       2036
    6400      802       1246       1557       1756       1916       2048
    6450      807       1253       1566       1767       1928       2060
    6500      812       1261       1575       1777       1940       2073
 
    6550      816       1267       1583       1786       1949       2083
    6600      820       1272       1590       1794       1957       2092
    6650      823       1277       1597       1801       1965       2100
    6700      827       1283       1604       1809       1974       2109
    6750      830       1288       1610       1817       1982       2118
    6800      834       1293       1617       1824       1990       2127
    6850      837       1299       1624       1832       1999       2136
    6900      841       1304       1631       1839       2007       2145
    6950      845       1309       1637       1847       2016       2154
    7000      848       1315       1644       1855       2024       2163
    7050      852       1320       1651       1862       2032       2172
    7100      855       1325       1658       1870       2041       2181
    7150      859       1331       1665       1878       2049       2190
    7200      862       1336       1671       1885       2057       2199
    7250      866       1341       1678       1893       2066       2207
    7300      870       1347       1685       1900       2074       2216
    7350      873       1352       1692       1908       2082       2225
    7400      877       1358       1698       1916       2091       2234
    7450      880       1363       1705       1923       2099       2243
    7500      884       1368       1712       1931       2108       2252
 
    7550      887       1374       1719       1938       2116       2261
    7600      891       1379       1725       1946       2124       2270
    7650      895       1384       1732       1954       2133       2279
    7700      898       1390       1739       1961       2141       2288
    7750      902       1395       1746       1969       2149       2297
    7800      905       1400       1753       1977       2158       2305
    7850      908       1405       1758       1983       2164       2313
    7900      910       1409       1764       1989       2171       2320
    7950      913       1414       1770       1995       2178       2328
    8000      916       1418       1776       2001       2185       2335
    8050      918       1423       1781       2007       2192       2343
    8100      921       1428       1787       2014       2198       2350
    8150      924       1432       1793       2020       2205       2357
    8200      927       1437       1799       2026       2212       2365
    8250      929       1441       1804       2032       2219       2372
    8300      932       1446       1810       2038       2226       2380
    8350      935       1450       1816       2045       2232       2387
    8400      937       1455       1822       2051       2239       2395
    8450      940       1459       1827       2057       2246       2402
    8500      943       1464       1833       2063       2253       2410
 
    8550      945       1468       1839       2069       2260       2417
    8600      948       1473       1845       2076       2266       2425
    8650      951       1478       1850       2082       2273       2432
    8700      954       1482       1856       2088       2280       2440
    8750      956       1487       1862       2094       2287       2447
    8800      959       1491       1868       2100       2294       2455
    8850      962       1496       1873       2107       2300       2462
    8900      964       1500       1879       2113       2307       2470
    8950      967       1505       1885       2119       2314       2477
    9000      970       1509       1891       2125       2321       2484
    9050      973       1514       1896       2131       2328       2492
    9100      975       1517       1901       2137       2334       2498
    9150      977       1521       1905       2141       2339       2503
    9200      979       1524       1909       2146       2344       2509
    9250      982       1527       1914       2151       2349       2514
    9300      984       1531       1918       2156       2354       2520
    9350      986       1534       1922       2160       2359       2525
    9400      988       1537       1926       2165       2365       2531
    9450      990       1541       1930       2170       2370       2536
    9500      993       1544       1935       2175       2375       2541
 
    9550      995       1547       1939       2179       2380       2547
    9600      997       1551       1943       2184       2385       2552
    9650      999       1554       1947       2189       2390       2558
    9700     1001       1557       1951       2194       2396       2563
    9750     1003       1561       1956       2198       2401       2569
    9800     1006       1564       1960       2203       2406       2574
    9850     1008       1567       1964       2208       2411       2580
    9900     1010       1571       1968       2213       2416       2585
    9950     1012       1574       1972       2218       2421       2590
   10000     1014       1577       1977       2222       2427       2596
For gross monthly income between $10,000 and $20,000, add the amount of child support for $10,000 to the following percentages of gross income above $10,000:

  ONE      TWO        THREE       FOUR        FIVE         SIX
 CHILD   CHILDREN   CHILDREN    CHILDREN    CHILDREN    CHILDREN
 3.1%      5.1%       6.8%        7.8%        8.8%        9.5%
For gross monthly income between $20,000 and $50,000, add the amount of child support for $20,000 to the following percentages of gross income above $20,000:

  ONE      TWO        THREE       FOUR        FIVE         SIX
 CHILD   CHILDREN   CHILDREN    CHILDREN    CHILDREN    CHILDREN
  2%       3.5%        5%          6%         6.9%        7.8%
For gross monthly income over $50,000, add the amount of child support for $50,000 to the following percentages of gross income above $50,000:

  ONE      TWO        THREE       FOUR        FIVE         SIX
 CHILD   CHILDREN   CHILDREN    CHILDREN    CHILDREN    CHILDREN
  1%        2%         3%          4%          5%          6%
C. For purposes of this section, “gross income” means all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits except as listed below, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans’ benefits, spousal support, rental income, gifts, prizes or awards.
If a parent’s gross income includes disability insurance benefits, it shall also include any amounts paid to or for the child who is the subject of the order and derived by the child from the parent’s entitlement to disability insurance benefits. To the extent that such derivative benefits are included in a parent’s gross income, that parent shall be entitled to a credit against his or her ongoing basic child support obligation for any such amounts, and, if the amount of the credit exceeds the parent’s basic child support obligations, the credit may be used to reduce arrearages.
Gross income shall be subject to deduction of reasonable business expenses for persons with income from self-employment, a partnership, or a closely held business. “Gross income” shall not include:
1. Benefits from public assistance and social services programs as defined in § 63.2-100;
2. Federal supplemental security income benefits;
3. Child support received; or
4. Income received by the payor from secondary employment income not previously included in “gross income,” where the payor obtained the income to discharge a child support arrearage established by a court or administrative order and the payor is paying the arrearage pursuant to the order. “Secondary employment income” includes but is not limited to income from an additional job, from self-employment, or from overtime employment. The cessation of such secondary income upon the payment of the arrearage shall not be the basis for a material change in circumstances upon which a modification of child support may be based.
For purposes of this subsection: (i) spousal support received shall be included in gross income and spousal support paid shall be deducted from gross income when paid pursuant to an order or written agreement and (ii) one-half of any self-employment tax paid shall be deducted from gross income.
Where there is an existing court or administrative order or written agreement relating to the child or children of a party to the proceeding, who are not the child or children who are the subject of the present proceeding, then there is a presumption that there shall be deducted from the gross income of the party subject to such order or written agreement, the amount that the party is actually paying for the support of a child or children pursuant to such order or agreement.
Where a party to the proceeding has a natural or adopted child or children in the party’s household or primary physical custody, and the child or children are not the subject of the present proceeding, there is a presumption that there shall be deducted from the gross income of that party the amount as shown on the Schedule of Monthly Basic Child Support Obligations contained in subsection B that represents that party’s support obligation based solely on that party’s income as being the total income available for the natural or adopted child or children in the party’s household or primary physical custody, who are not the subject of the present proceeding. Provided, however, that the existence of a party’s financial responsibility for such a child or children shall not of itself constitute a material change in circumstances for modifying a previous order of child support in any modification proceeding. Any adjustment to gross income under this subsection shall not create or reduce a support obligation to an amount which seriously impairs the custodial parent’s ability to maintain minimal adequate housing and provide other basic necessities for the child, as determined by the court.
In cases in which retroactive liability for support is being determined, the court or administrative agency may use the gross monthly income of the parties averaged over the period of retroactivity.
D. Except for good cause shown or the agreement of the parties, in addition to any other child support obligations established pursuant to this section, any child support order shall provide that the parents pay in proportion to their gross incomes, as used for calculating the monthly support obligation, any reasonable and necessary unreimbursed medical or dental expenses that are in excess of $250 for any calendar year for each child who is the subject of the obligation. The method of payment of those expenses shall be contained in the support order. Each parent shall pay his respective share of expenses as those expenses are incurred. Any amount paid under this subsection shall not be adjusted by, nor added to, the child support calculated in accordance with subsection G. For the purposes of this section, medical or dental expenses shall include but not be limited to eyeglasses, prescription medication, prosthetics, orthodontics, and mental health or developmental disabilities services, including but not limited to services provided by a social worker, psychologist, psychiatrist, counselor, or therapist.
E. Any costs for health care coverage as defined in § 63.2-1900 and dental care coverage, when actually being paid by a parent or that parent’s spouse, to the extent such costs are directly allocable to the child or children, and which are the extra costs of covering the child or children beyond whatever coverage the parent or that parent’s spouse providing the coverage would otherwise have, shall be added to the basic child support obligation. Where the court orders that a custodial parent enroll a child in health care coverage sponsored by the Department of Social Services, the Department shall deduct the cost of the coverage prior to disbursement of the child support payment in accordance with § 63.2-1954.1.
F. Any child-care costs incurred on behalf of the child or children due to employment of the custodial parent shall be added to the basic child support obligation. Child-care costs shall not exceed the amount required to provide quality care from a licensed source. When requested by the noncustodial parent, the court may require the custodial parent to present documentation to verify the costs incurred for child care under this subsection. Where appropriate, the court shall consider the willingness and availability of the noncustodial parent to provide child care personally in determining whether child-care costs are necessary or excessive. Upon the request of either party, and upon a showing of the tax savings a party derives from child-care cost deductions or credits, the court shall factor actual tax consequences into its calculation of the child-care costs to be added to the basic child support obligation.
G. 1. Sole custody support. The sole custody total monthly child support obligation shall be established by adding (i) the monthly basic child support obligation, as determined from the schedule contained in subsection B, (ii) costs for health care coverage to the extent allowable by subsection E, (iii) cash medical support in cases where the child is a recipient of Medicaid or the Family Access to Medical Insurance Security Plan as set forth in clause (ii) of the definition of cash medical support in § 63.2-1900, and (iv) work-related child-care costs and taking into consideration all the factors set forth in subsection B of § 20-108.1. The total monthly child support obligation shall be divided between the parents in the same proportion as their monthly gross incomes bear to their monthly combined gross income. The monthly obligation of each parent shall be computed by multiplying each parent’s percentage of the parents’ monthly combined gross income by the total monthly child support obligation.
However, the monthly obligation of the noncustodial parent shall be reduced by the cost for health care coverage to the extent allowable by subsection E when paid directly by the noncustodial parent or that parent’s spouse. Unreimbursed medical and dental expenses shall be calculated and allocated in accordance with subsection D.
2. Split custody support. In cases involving split custody, the amount of child support to be paid shall be the difference between the amounts owed by each parent as a noncustodial parent, computed in accordance with subdivision 1, with the noncustodial parent owing the larger amount paying the difference to the other parent. Unreimbursed medical and dental expenses shall be calculated and allocated in accordance with subsection D.
For the purpose of this section and § 20-108.1, split custody shall be limited to those situations where each parent has physical custody of a child or children born of the parents, born of either parent and adopted by the other parent or adopted by both parents. For the purposes of calculating a child support obligation where split custody exists, a separate family unit exists for each parent, and child support for that family unit shall be calculated upon the number of children in that family unit who are born of the parents, born of either parent and adopted by the other parent or adopted by both parents. Where split custody exists, a parent is a custodial parent to the children in that parent’s family unit and is a noncustodial parent to the children in the other parent’s family unit.
3. Shared custody support.
(a) Where a party has custody or visitation of a child or children for more than 90 days of the year, as such days are defined in subdivision G 3 (c), a shared custody child support amount based on the ratio in which the parents share the custody and visitation of any child or children shall be calculated in accordance with this subdivision. The presumptive support to be paid shall be the shared custody support amount, unless a party affirmatively shows that the sole custody support amount calculated as provided in subdivision G 1 is less than the shared custody support amount. If so, the lesser amount shall be the support to be paid. For the purposes of this subsection, the following shall apply:
(i) Income share. “Income share” means a parent’s percentage of the combined monthly gross income of both parents. The income share of a parent is that parent’s gross income divided by the combined gross incomes of the parties.
(ii) Custody share. “Custody share” means the number of days that a parent has physical custody, whether by sole custody, joint legal or joint residential custody, or visitation, of a shared child per year divided by the number of days in the year. The actual or anticipated “custody share” of the parent who has or will have fewer days of physical custody shall be calculated for a one-year period. The “custody share” of the other parent shall be presumed to be the number of days in the year less the number of days calculated as the first parent’s “custody share.” For purposes of this calculation, the year may begin on such date as is determined in the discretion of the court, and the day may begin at such time as is determined in the discretion of the court. For purposes of this calculation, a day shall be as defined in subdivision G 3 (c).
(iii) Shared support need. “Shared support need” means the presumptive guideline amount of needed support for the shared child or children calculated pursuant to subsection B of this section, for the combined gross income of the parties and the number of shared children, multiplied by 1.4.
(iv) Sole custody support. “Sole custody support” means the support amount determined in accordance with subdivision G 1.
(b) Support to be paid. The shared support need of the shared child or children shall be calculated pursuant to subdivision G 3 (a) (iii). This amount shall then be multiplied by the other parent’s custody share. To that sum for each parent shall be added the other parent’s or that parent’s spouse’s cost of health care coverage to the extent allowable by subsection E, plus the other parent’s work-related child-care costs to the extent allowable by subsection F. This total for each parent shall be multiplied by that parent’s income share. The support amounts thereby calculated that each parent owes the other shall be subtracted one from the other and the difference shall be the shared custody support one parent owes to the other, with the payor parent being the one whose shared support is the larger. Unreimbursed medical and dental expenses shall be calculated and allocated in accordance with subsection D.
(c) Definition of a day. For the purposes of this section, “day” means a period of 24 hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with a child, but has physical custody of the shared child for less than 24 hours during such overnight period, there is a presumption that each parent shall be allocated one-half of a day of custody for that period.
(d) Minimum standards. Any calculation under this subdivision shall not create or reduce a support obligation to an amount which seriously impairs the custodial parent’s ability to maintain minimal adequate housing and provide other basic necessities for the child. If the gross income of either party is equal to or less than 150 percent of the federal poverty level promulgated by the U.S. Department of Health and Human Services from time to time, then the shared custody support calculated pursuant to this subsection shall not be the presumptively correct support and the court may consider whether the sole custody support or the shared custody support is more just and appropriate.
(e) Support modification. When there has been an award of child support based on the shared custody formula and one parent consistently fails to exercise custody or visitation in accordance with the parent’s custody share upon which the award was based, there shall be a rebuttable presumption that the support award should be modified.
(f) In the event that the shared custody support calculation indicates that the net support is to be paid to the parent who would not be the parent receiving support pursuant to the sole custody calculation, then the shared support shall be deemed to be the lesser support.
H. The Secretary of Health and Human Resources shall ensure that the guideline set out in this section is reviewed by October 31, 2001, and every four years thereafter, by the Child Support Guidelines Review Panel, consisting of 15 members comprised of four legislative members and 11 nonlegislative citizen members. Members shall be appointed as follows: three members of the House Committee for Courts of Justice, upon the recommendation of the chairman of such committee, to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; one member of the Senate Committee for Courts of Justice, upon the recommendation of the chairman of such committee, to be appointed by the Senate Committee on Rules; and one representative of a juvenile and domestic relations district court, one representative of a circuit court, one representative of the Department of Social Services’ Division of Child Support Enforcement, three members of the Virginia State Bar, two custodial parents, two noncustodial parents, and one child advocate, upon the recommendation of the Secretary of Health and Human Resources, to be appointed by the Governor. The Panel shall determine the adequacy of the guideline for the determination of appropriate awards for the support of children by considering current research and data on the cost of and expenditures necessary for rearing children, and any other resources it deems relevant to such review. The Panel shall report its findings to the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports before the General Assembly next convenes following such review.
Legislative members shall serve terms coincident with their terms of office. Nonlegislative citizen members shall serve at the pleasure of the Governor. All members may be reappointed. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.
Legislative members shall receive such compensation as provided in § 30-19.12, and nonlegislative citizen members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Department of Social Services.
The Department of Social Services shall provide staff support to the Panel. All agencies of the Commonwealth shall provide assistance to the Panel, upon request.
The chairman of the Panel shall submit to the Governor and the General Assembly a quadrennial executive summary of the interim activity and work of the Panel no later than the first day of 2006 regular session of the General Assembly and every four years thereafter. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly’s website.

§ 20-113. Procedure when respondent fails to perform order for support and maintenance of child or spouse or owes support and maintenance or additional support and maintenance.
The court, when it finds the respondent has failed to perform the order of the court concerning the custody or the maintenance and support of the child or support and maintenance of the spouse, or under the existing circumstances is under the duty to render support or additional support to the child or to pay for the support and maintenance of the spouse, may proceed to deal with the respondent as provided in §§ 20-79.1, 20-114 and 20-115. The court may revise and alter its decree as to the child or support and maintenance of the spouse, and grant leave to the petitioner to proceed in the appropriate juvenile and domestic relations district court in conformity with any applicable law; or it may, at the application of any party or on its own motion certify its final order granting support of the child or support and maintenance of the spouse to such juvenile and domestic relations district court for enforcement of collection as though such order had been made in such juvenile and domestic relations district court, in accordance with § 20-79 (c).
When the petitioner has been granted leave to proceed in a juvenile and domestic relations district court all proceedings thereafter shall conform to the provisions of Chapter 5 (§ 20-61 et seq.) of this title.

§ 20-124.2. Court-ordered custody and visitation arrangements.
A. In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court shall provide prompt adjudication, upon due consideration of all the facts, of custody and visitation arrangements, including support and maintenance for the children, prior to other considerations arising in the matter. The court may enter an order pending the suit as provided in § 20-103. The procedures for determining custody and visitation arrangements shall insofar as practical, and consistent with the ends of justice, preserve the dignity and resources of family members. Mediation shall be used as an alternative to litigation where appropriate. When mediation is used in custody and visitation matters, the goals may include development of a proposal addressing the child’s residential schedule and care arrangements, and how disputes between the parents will be handled in the future.
B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest. The court may award joint custody or sole custody.
C. The court may order that support be paid for any child of the parties. The court shall also order that 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 first occurs. The court may also order the continuation of support for any child over the age of 18 who is (i) severely and permanently mentally or physically disabled, (ii) unable to live independently and support himself, and (iii) resides in the home of the parent seeking or receiving child support. In addition, the court may confirm a stipulation or agreement of the parties which extends a support obligation beyond when it would otherwise terminate as provided by law. The court shall have no authority to decree support of children payable by the estate of a deceased party. The court may make such further decree as it shall deem expedient concerning support of the minor children, including an order that either party or both parties provide health care coverage or cash medical support, or both.
D. In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court may order an independent mental health or psychological evaluation to assist the court in its determination of the best interests of the child. The court may enter such order as it deems appropriate for the payment of the costs of the evaluation by the parties.
E. The court shall have the continuing authority and jurisdiction to make any additional orders necessary to effectuate and enforce any order entered pursuant to this section or § 20-103 including the authority to punish as contempt of court any willful failure of a party to comply with the provisions of the order. A parent or other person having legal custody of a child may petition the court to enjoin and the court may enter an order to enjoin a parent of the child from filing a petition relating to custody and visitation of that child for any period of time up to 10 years if doing so is in the best interests of the child and such parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of another state, the United States, or any foreign jurisdiction which constitutes (i) murder or voluntary manslaughter, or a felony attempt, conspiracy or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time the offense occurred, or the other parent of the child, or (ii) felony assault resulting in serious bodily injury, felony bodily wounding resulting in serious bodily injury, or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of the offense. When such a petition to enjoin the filing of a petition for custody and visitation is filed, the court shall appoint a guardian ad litem for the child pursuant to § 16.1-266.

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K.A., 42 of Opelousas, was charged with parking violation.

One of the most frustrating things in Virginia is getting a traffic ticket in Virginia.

First, you sit by the side of the road, waiting to get your traffic ticket in Virginia while you are rushing to get to work or get to school to drop off your kids, etc.

Then, you get the Virginia traffic ticket and possibly get yelled at by the Virginia police officer.

Once you do get the Virginia traffic ticket, you realize how many points you’re going to get on your Virginia driving record and the fact that your insurance premium is possibly going to skyrocket.

If you have been one of the unfortunate people to get traffic ticket in Virginia, don’t panic.

You have some options.  You can consider going to traffic court in Virginia by yourself or you can retain an experienced Virginia traffic ticket lawyer to defend you.

Why should you consider hiring an experienced traffic ticket lawyer in Virginia?

Because an experienced Virginia traffic ticket attorney will know how the different judges in that courthouse deal with certain types of traffic ticket and what are different options you have if you decide it is best to plea bargain.

The SRIS Law Group Virginia traffic lawyers have defended many clients charged with a traffic ticket in Virginia.

Our Virginia traffic ticket attorneys regularly appear before the courts of a particular jurisdiction have a thorough understanding of how the different local courts operate.

We have offices in Fairfax, Manassas, Richmond, Virginia Beach, Lynchburg & Fredericksburg.

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Virginia Reckless Driving Defense

Former Prosecutors & Police Officers

 The state of Virginia has some of the harshest reckless driving laws.

 The state of Virginia has 14 laws specifically addressing reckless driving.

The Virginia courts are extremely strict on drivers charged with reckless driving.  Out of state drivers are shocked to find that reckless driving is a criminal offense in the state of Virginia.

If you have received a reckless driving ticket from a Virginia state trooper or local officer in Virginia, seriously consider at least talking to a Virginia reckless driving lawyer.

The SRIS Law Group Virginia reckless driving lawyers have defended many clients who have been charged with driving recklessly in the state of Virginia.

Call today to speak with a SRIS Law Group Virginia reckless driving lawyer.

We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Fredericksburg & Manassas to better to serve you.

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VIRGINIA SEX CRIME DEFENSE

FORMER PROSECUTORS & POLICE OFFICERS

If you are charged with a sex crime in Virginia, do you need just a plain old criminal lawyer or do you need a lawyer who has specific experience in defending clients charged with a sex crime.

Would you rather go to a general physician for a heart problem or go to a cardiologist?

The laws in Virginia are constantly changing and you need a lawyer who is current with the specific laws that apply to your case.

The field of sex crimes defense requires a lot of experience.  You need a Virginia lawyer who is aware of what type of treatment provider is necessary for a sex crime.

You also need a Virginia sex crime defense lawyer who can understands what a judge will likely do if you take a plea vs. take the case to trial.

Lastly, you need a Virginia sex crime defense attorney who has actually taken a sex crime case to trial before a jury.

If you are facing a sex crime in Virginia, contact the SRIS Law Group Virginia sex crime defense lawyers for help.

A SRIS Law Group Virginia Sex crime defense lawyer will discuss the case with you and advise you of your options.

Call today to speak with a Virginia sex crime defense attorney to discuss your case and your future.

Offices in: Fairfax, Richmond, Virginia Beach, Lynchburg, Fredericksburg & Manassas.

Types of Sex Crimes Cases We Handle:

• Sexual Battery
• Aggravated Sexual Battery
• Indecent Liberties With A Minor
• Solicitation of A Minor
• Rape
• Object Sexual Penetration

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