Failure to comply with support obligation; payroll deduction; commitment

Va. Code Ann. § 16.1-278.16

in effect

In cases involving (i) the custody, visitation, or support of a child arising under subdivision A 3 of § 16.1-241 , (ii) spousal support arising under subsection L of § 16.1-241 , (iii) support, maintenance, care, and custody of a child or support and maintenance of a spouse transferred to the juvenile and domestic relations district court pursuant to § 20-79 , or (iv) motions to enforce administrative support orders entered pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2, when the court finds that the respondent (a) has failed to perform or comply with a court order concerning the custody and visitation of a child or a court or administrative order concerning the support and maintenance of a child or a court order concerning the support and maintenance of a spouse or (b) under existing circumstances, is under a duty to render support or additional support to a child or pay the support and maintenance of a spouse, the court may order a payroll deduction as provided in § 20-79.1 , or the giving of a recognizance as provided in § 20-114 . If the court finds that the respondent has failed to perform or comply with such order, and personal or substitute service has been obtained, the court may issue a civil show cause summons or a capias pursuant to this section. The court also may order the commitment of the person as provided in § 20-115 or the court may, in its discretion, impose a sentence of up to 12 months in jail, notwithstanding the provisions of §§ 16.1-69.24 and 18.2-458 , relating to punishment for contempt. If the court finds that an employer, who is under a payroll deduction order pursuant to § 20-79.1 , has failed to comply with such order after being given a reasonable opportunity to show cause why he failed to comply with such order, then the court may proceed to impose sanctions on the employer pursuant to subdivision B 9 of § 20-79.3 . 1991, c. 534; 2003, cc. 929 , 942 ; 2004, c. 219 ; 2020, c. 722 .

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/16.1-278.16/Fetched: 10/16/2026