{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-61.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-61.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-61.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-61.html"}],"law_id":68962,"edition_id":1,"section_id":68962,"structure_id":13013,"section_number":"20-61","catch_line":"Desertion or nonsupport of wife, husband or children in necessitous circumstances","history":"1944, p. 210; Michie Suppl. 1946, \u00a7 1936; 1950, p. 613; 1954, c. 481; 1960, c. 275; 1966, c. 360; 1970, c. 284; 1972, cc. 460, 845; 1973, cc. 315, 346; 1974, c. 464; 1975, c. 644; 1976, c. 462; 2010, c. 619.","full_text":"Any spouse who without cause deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her spouse, and any parent who deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her child under the age of eighteen years of age, or child of whatever age who is crippled or otherwise incapacitated from earning a living, the spouse, child or children being then and there in necessitous circumstances, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding $500, or confinement in jail not exceeding twelve months, or both, or on work release employment as provided in \u00a7 53.1-131 for a period of not less than ninety days nor more than twelve months; or in lieu of the fine or confinement being imposed upon conviction by the court or by verdict of a jury he or she may be required by the court to suffer a forfeiture of an amount not exceeding the sum of $1,000 and the fine or forfeiture may be directed by the court to be paid in whole or in part to the spouse, or to the guardian, curator, custodian or trustee of the minor child or children, or to some discreet person or responsible organization designated by the court to receive it. This section shall not apply to the parent of a child of whatever age, if the child qualifies for and is receiving aid under a federal or state program for aid to the permanently and totally disabled; or is an adult and meets the visual requirements for aid to the blind; and for this purpose any state agency shall use only the financial resources of the child of whatever age in determining eligibility; however, such parent is subject to prosecution under this section for the desertion or nonsupport of a spouse or of another child who is not receiving such aid.","order_by":null,"text":{"0":{"id":249649,"text":"Any spouse who without cause deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her spouse, and any parent who deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her child under the age of eighteen years of age, or child of whatever age who is crippled or otherwise incapacitated from earning a living, the spouse, child or children being then and there in necessitous circumstances, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding $500, or confinement in jail not exceeding twelve months, or both, or on work release employment as provided in \u00a7 53.1-131 for a period of not less than ninety days nor more than twelve months; or in lieu of the fine or confinement being imposed upon conviction by the court or by verdict of a jury he or she may be required by the court to suffer a forfeiture of an amount not exceeding the sum of $1,000 and the fine or forfeiture may be directed by the court to be paid in whole or in part to the spouse, or to the guardian, curator, custodian or trustee of the minor child or children, or to some discreet person or responsible organization designated by the court to receive it. This section shall not apply to the parent of a child of whatever age, if the child qualifies for and is receiving aid under a federal or state program for aid to the permanently and totally disabled; or is an adult and meets the visual requirements for aid to the blind; and for this purpose any state agency shall use only the financial resources of the child of whatever age in determining eligibility; however, such parent is subject to prosecution under this section for the desertion or nonsupport of a spouse or of another child who is not receiving such aid.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13013,"edition_id":1,"name":"Desertion and Nonsupport","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":178421,"object_type":"structure","relational_id":13013,"identifier":"5","token":"20\/5","url":"\/20\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68962,"structure_id":13013,"section_number":"20-61","catch_line":"Desertion or nonsupport of wife, husband or children in necessitous circumstances","url":"\/20-61\/","token":"20\/5\/20-61","metadata":false},{"id":87062,"structure_id":13013,"section_number":"20-61.1","catch_line":"Repealed","url":"\/20-61.1\/","token":"20\/5\/20-61.1","metadata":false},{"id":57689,"structure_id":13013,"section_number":"20-61.3","catch_line":"Consequences of a putative father failing to appear","url":"\/20-61.3\/","token":"20\/5\/20-61.3","metadata":false},{"id":55172,"structure_id":13013,"section_number":"20-62","catch_line":"Commitment to workhouse, city farm or work squad for such desertion","url":"\/20-62\/","token":"20\/5\/20-62","metadata":false},{"id":66099,"structure_id":13013,"section_number":"20-63","catch_line":"Support payments by county or city","url":"\/20-63\/","token":"20\/5\/20-63","metadata":false},{"id":68667,"structure_id":13013,"section_number":"20-64","catch_line":"Proceedings instituted by petition","url":"\/20-64\/","token":"20\/5\/20-64","metadata":false},{"id":65766,"structure_id":13013,"section_number":"20-65","catch_line":"Summons or warrant; investigation and hearing","url":"\/20-65\/","token":"20\/5\/20-65","metadata":false},{"id":68728,"structure_id":13013,"section_number":"20-66","catch_line":"Contempt proceedings; trial in absence of defendant","url":"\/20-66\/","token":"20\/5\/20-66","metadata":false},{"id":64821,"structure_id":13013,"section_number":"20-67","catch_line":"Jurisdiction","url":"\/20-67\/","token":"20\/5\/20-67","metadata":false},{"id":83650,"structure_id":13013,"section_number":"20-68","catch_line":"Appeal","url":"\/20-68\/","token":"20\/5\/20-68","metadata":false},{"id":63813,"structure_id":13013,"section_number":"20-69","catch_line":"Fees of officers","url":"\/20-69\/","token":"20\/5\/20-69","metadata":false},{"id":56677,"structure_id":13013,"section_number":"20-70","catch_line":"No warrant of arrest to issue","url":"\/20-70\/","token":"20\/5\/20-70","metadata":false},{"id":81017,"structure_id":13013,"section_number":"20-71","catch_line":"Temporary orders for support","url":"\/20-71\/","token":"20\/5\/20-71","metadata":false},{"id":65803,"structure_id":13013,"section_number":"20-71.1","catch_line":"Attorneys' fees in proceedings under \u00a7 20-71","url":"\/20-71.1\/","token":"20\/5\/20-71.1","metadata":false},{"id":63723,"structure_id":13013,"section_number":"20-72","catch_line":"Probation on order directing defendant to pay and enter recognizance","url":"\/20-72\/","token":"20\/5\/20-72","metadata":false},{"id":79282,"structure_id":13013,"section_number":"20-73","catch_line":"Condition of the recognizance","url":"\/20-73\/","token":"20\/5\/20-73","metadata":false},{"id":55024,"structure_id":13013,"section_number":"20-74","catch_line":"Support orders to remain in effect until annulled; modification","url":"\/20-74\/","token":"20\/5\/20-74","metadata":false},{"id":56901,"structure_id":13013,"section_number":"20-75","catch_line":"Procedure when accused outside territorial jurisdiction","url":"\/20-75\/","token":"20\/5\/20-75","metadata":false},{"id":56591,"structure_id":13013,"section_number":"20-76","catch_line":"Repealed","url":"\/20-76\/","token":"20\/5\/20-76","metadata":false},{"id":83903,"structure_id":13013,"section_number":"20-77","catch_line":"When authority to suspend sentence may be exercised; deduction of certain time from sentence","url":"\/20-77\/","token":"20\/5\/20-77","metadata":false},{"id":85444,"structure_id":13013,"section_number":"20-78","catch_line":"Continuance of failure to support after completion of sentence","url":"\/20-78\/","token":"20\/5\/20-78","metadata":false},{"id":56123,"structure_id":13013,"section_number":"20-78.1","catch_line":"Effect of entry of support order in certain garnishment proceedings","url":"\/20-78.1\/","token":"20\/5\/20-78.1","metadata":false},{"id":57756,"structure_id":13013,"section_number":"20-78.2","catch_line":"Attorney fees and interest on support arrearage","url":"\/20-78.2\/","token":"20\/5\/20-78.2","metadata":false},{"id":78582,"structure_id":13013,"section_number":"20-79","catch_line":"Effect of divorce proceedings","url":"\/20-79\/","token":"20\/5\/20-79","metadata":false},{"id":64307,"structure_id":13013,"section_number":"20-79.1","catch_line":"Enforcement of support orders; income deduction; penalty for wrongful discharge","url":"\/20-79.1\/","token":"20\/5\/20-79.1","metadata":false},{"id":58663,"structure_id":13013,"section_number":"20-79.2","catch_line":"Immediate income deduction; income withholding","url":"\/20-79.2\/","token":"20\/5\/20-79.2","metadata":false},{"id":77212,"structure_id":13013,"section_number":"20-79.3","catch_line":"Information required in income deduction order","url":"\/20-79.3\/","token":"20\/5\/20-79.3","metadata":false},{"id":54084,"structure_id":13013,"section_number":"20-80","catch_line":"Violation of orders; trial; forfeiture of recognizance","url":"\/20-80\/","token":"20\/5\/20-80","metadata":false},{"id":78344,"structure_id":13013,"section_number":"20-81","catch_line":"Presumptions as to desertion and abandonment","url":"\/20-81\/","token":"20\/5\/20-81","metadata":false},{"id":71297,"structure_id":13013,"section_number":"20-82","catch_line":"Spouses competent as witnesses","url":"\/20-82\/","token":"20\/5\/20-82","metadata":false},{"id":62002,"structure_id":13013,"section_number":"20-83","catch_line":"Venue of offense","url":"\/20-83\/","token":"20\/5\/20-83","metadata":false},{"id":78671,"structure_id":13013,"section_number":"20-83.1","catch_line":"Transfer of cases between courts in certain instances","url":"\/20-83.1\/","token":"20\/5\/20-83.1","metadata":false},{"id":54200,"structure_id":13013,"section_number":"20-84","catch_line":"Extradition","url":"\/20-84\/","token":"20\/5\/20-84","metadata":false},{"id":87005,"structure_id":13013,"section_number":"20-85","catch_line":"Repealed","url":"\/20-85\/","token":"20\/5\/20-85","metadata":false},{"id":56884,"structure_id":13013,"section_number":"20-87","catch_line":"Arrest for violating directions, rules or regulations given by judge","url":"\/20-87\/","token":"20\/5\/20-87","metadata":false},{"id":73883,"structure_id":13013,"section_number":"20-87.1","catch_line":"Repealed","url":"\/20-87.1\/","token":"20\/5\/20-87.1","metadata":false},{"id":60261,"structure_id":13013,"section_number":"20-88","catch_line":"Support of parents by children","url":"\/20-88\/","token":"20\/5\/20-88","metadata":false},{"id":66481,"structure_id":13013,"section_number":"20-88.01","catch_line":"Repealed","url":"\/20-88.01\/","token":"20\/5\/20-88.01","metadata":false},{"id":79708,"structure_id":13013,"section_number":"20-88.02","catch_line":"Transfer of assets to qualify for assistance; liability of transferees","url":"\/20-88.02\/","token":"20\/5\/20-88.02","metadata":false},{"id":80205,"structure_id":13013,"section_number":"20-88.02:1","catch_line":"Limitations on spousal support orders resulting in eligibility for medical assistance services; definitions","url":"\/20-88.02_1\/","token":"20\/5\/20-88.02_1","metadata":false}],"next_section":{"id":87062,"structure_id":13013,"section_number":"20-61.1","catch_line":"Repealed","url":"\/20-61.1\/","token":"20\/5\/20-61.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-61\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 481; in 1960, chapter 275; in 1966, chapter 360; in 1970, chapter 284; in 1972, chapters 460 and 845; in 1973, chapters 315 and 346; in 1974, chapter 464; in 1975, chapter 644; in 1976, chapter 462; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0619\">619<\/a>.<\/p>","references":[{"id":71654,"section_number":"16.1-243","catch_line":"Venue","order_by":null,"url":"\/16.1-243\/"},{"id":78408,"section_number":"16.1-278.15","catch_line":"Custody or visitation, child or spousal support generally","order_by":null,"url":"\/16.1-278.15\/"},{"id":63958,"section_number":"16.1-292","catch_line":"Violation of court order by any person","order_by":null,"url":"\/16.1-292\/"},{"id":81859,"section_number":"16.1-296","catch_line":"Jurisdiction of appeals; procedure","order_by":null,"url":"\/16.1-296\/"},{"id":64090,"section_number":"16.1-302","catch_line":"Dockets, indices, and order books; when hearings and records private; right to public hearing; presence of juvenile in court","order_by":null,"url":"\/16.1-302\/"},{"id":58592,"section_number":"19.2-123","catch_line":"Release of accused on secured or unsecured bond or promise to appear; conditions of release","order_by":null,"url":"\/19.2-123\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":66604,"section_number":"20-113","catch_line":"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","order_by":null,"url":"\/20-113\/"},{"id":66046,"section_number":"20-115","catch_line":"Commitment and sentence for failure to comply with order or decree","order_by":null,"url":"\/20-115\/"},{"id":73736,"section_number":"37.2-511","catch_line":"Liability for expenses of services","order_by":null,"url":"\/37.2-511\/"},{"id":54512,"section_number":"37.2-715","catch_line":"Who liable for expenses; amount","order_by":null,"url":"\/37.2-715\/"},{"id":67418,"section_number":"53.1-128","catch_line":"Workforces and authorized work places","order_by":null,"url":"\/53.1-128\/"},{"id":73492,"section_number":"53.1-131","catch_line":"Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings","order_by":null,"url":"\/53.1-131\/"},{"id":76097,"section_number":"53.1-131.1","catch_line":"Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty","order_by":null,"url":"\/53.1-131.1\/"},{"id":73781,"section_number":"53.1-131.2","catch_line":"Assignment to a home\/electronic incarceration program; payment to defray costs; escape; penalty","order_by":null,"url":"\/53.1-131.2\/"},{"id":57061,"section_number":"53.1-21","catch_line":"Transfer of prisoners into and between state and local correctional facilities","order_by":null,"url":"\/53.1-21\/"},{"id":77010,"section_number":"63.2-510","catch_line":"Obligation of person to support certain children living in same home; penalty","order_by":null,"url":"\/63.2-510\/"}],"refers_to":[{"id":73492,"section_number":"53.1-131","catch_line":"Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings","order_by":null,"url":"\/53.1-131\/"}],"permalink":{"id":178423,"object_type":"law","relational_id":68962,"identifier":"20-61","token":"20\/5\/20-61","url":"\/20-61\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-61\/","token":"20\/5\/20-61","dublin_core":{"Title":"Desertion or nonsupport of wife, husband or children in necessitous circumstances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-61","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Any spouse who without cause deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her spouse, and any parent who deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her child under the age of eighteen years of age, or child of whatever age who is crippled or otherwise incapacitated from earning a living, the spouse, child or children being then and there in necessitous circumstances, shall be guilty of a <span class=\"dictionary\">misdemeanor<\/span> and upon <span class=\"dictionary\">conviction<\/span> shall be punished by a fine of not exceeding $500, or confinement in jail not exceeding twelve months, or both, or on work release employment as provided in \u00a7&nbsp;<a class=\"law\" title=\"Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings\" href=\"\/53.1-131\/\">53.1-131<\/a> for a period of not less than ninety days nor more than twelve months; or in lieu of the fine or confinement being imposed upon <span class=\"dictionary\">conviction<\/span> by the <span class=\"dictionary\">court<\/span> or by <span class=\"dictionary\">verdict<\/span> of a <span class=\"dictionary\">jury<\/span> he or she may be required by the <span class=\"dictionary\">court<\/span> to suffer a forfeiture of an amount not exceeding the sum of $1,000 and the fine or forfeiture may be directed by the <span class=\"dictionary\">court<\/span> to be paid in whole or in part to the spouse, or to the guardian, curator, custodian or trustee of the <span class=\"dictionary\">minor<\/span> child or children, or to some discreet person or responsible organization designated by the <span class=\"dictionary\">court<\/span> to receive it. This section shall not apply to the parent of a child of whatever age, if the child qualifies for and is receiving aid under a federal or state program for aid to the permanently and totally disabled; or is an adult and meets the visual requirements for aid to the blind; and for this purpose any state agency shall use only the financial resources of the child of whatever age in determining eligibility; however, such parent is subject to <span class=\"dictionary\">prosecution<\/span> under this section for the desertion or nonsupport of a spouse or of another child who is not receiving such aid.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDESERTION OR NONSUPPORT OF WIFE, HUSBAND OR CHILDREN IN NECESSITOUS\nCIRCUMSTANCES (\u00a7 20-61)\n\nAny spouse who without cause deserts or willfully neglects or refuses or fails\nto provide for the support and maintenance of his or her spouse, and any parent\nwho deserts or willfully neglects or refuses or fails to provide for the support\nand maintenance of his or her child under the age of eighteen years of age, or\nchild of whatever age who is crippled or otherwise incapacitated from earning a\nliving, the spouse, child or children being then and there in necessitous\ncircumstances, shall be guilty of a misdemeanor and upon conviction shall be\npunished by a fine of not exceeding $500, or confinement in jail not exceeding\ntwelve months, or both, or on work release employment as provided in \u00a7 53.1-131\nfor a period of not less than ninety days nor more than twelve months; or in\nlieu of the fine or confinement being imposed upon conviction by the court or by\nverdict of a jury he or she may be required by the court to suffer a forfeiture\nof an amount not exceeding the sum of $1,000 and the fine or forfeiture may be\ndirected by the court to be paid in whole or in part to the spouse, or to the\nguardian, curator, custodian or trustee of the minor child or children, or to\nsome discreet person or responsible organization designated by the court to\nreceive it. This section shall not apply to the parent of a child of whatever\nage, if the child qualifies for and is receiving aid under a federal or state\nprogram for aid to the permanently and totally disabled; or is an adult and\nmeets the visual requirements for aid to the blind; and for this purpose any\nstate agency shall use only the financial resources of the child of whatever age\nin determining eligibility; however, such parent is subject to prosecution under\nthis section for the desertion or nonsupport of a spouse or of another child who\nis not receiving such aid.\n\nHISTORY: 1944, p. 210; Michie Suppl. 1946, \u00a7 1936; 1950, p. 613; 1954, c. 481;\n1960, c. 275; 1966, c. 360; 1970, c. 284; 1972, cc. 460, 845; 1973, cc. 315,\n346; 1974, c. 464; 1975, c. 644; 1976, c. 462; 2010, c. 619.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}