{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-78.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-78.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-78.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-78.2.html"}],"law_id":57756,"edition_id":1,"section_id":57756,"structure_id":13013,"section_number":"20-78.2","catch_line":"Attorney fees and interest on support arrearage","history":"1983, c. 488; 1987, c. 190; 1995, c. 483; 2005, c. 880; 2022, c. 527.","full_text":"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 \u00a7\u00a7 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 including from the date support is established or retroactively modified at the judgment interest rate as established by \u00a7 6.2-302 unless the obligee, in a writing submitted to the court, waives the collection of interest; and may include reasonable attorney fees if the total arrearage for support and maintenance, excluding interest, is equal to or greater than three months of support and maintenance.","order_by":null,"text":{"0":{"id":211531,"text":"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 \u00a7\u00a7 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 including from the date support is established or retroactively modified at the judgment interest rate as established by \u00a7 6.2-302 unless the obligee, in a writing submitted to the court, waives the collection of interest; and may include reasonable attorney fees if the total arrearage for support and maintenance, excluding interest, is equal to or greater than three months of support and maintenance.","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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-78.2\/","history_text":"<p>This law was first created in 1983. The record of its establishment is cataloged in chapter 488 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1983 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1987, chapter 190; in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0483\">483<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0880\">880<\/a>; in 2022, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0527\">527<\/a>.<\/p>","references":[{"id":54223,"section_number":"20-60.3","catch_line":"Contents of support orders","order_by":null,"url":"\/20-60.3\/"}],"refers_to":[{"id":72435,"section_number":"20-107.1","catch_line":"Court may decree as to maintenance and support of spouses","order_by":null,"url":"\/20-107.1\/"},{"id":53938,"section_number":"20-109","catch_line":"Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage, or death; effect of retirement","order_by":null,"url":"\/20-109\/"},{"id":70402,"section_number":"6.2-302","catch_line":"Judgment rate of interest","order_by":null,"url":"\/6.2-302\/"}],"permalink":{"id":178511,"object_type":"law","relational_id":57756,"identifier":"20-78.2","token":"20\/5\/20-78.2","url":"\/20-78.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-78.2\/","token":"20\/5\/20-78.2","dublin_core":{"Title":"Attorney fees and interest on support arrearage","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-78.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The entry of an <span class=\"dictionary\">order<\/span> or <span class=\"dictionary\">decree<\/span> of support for a spouse or for support and maintenance of a child under the provisions of this chapter or \u00a7\u00a7&nbsp;<a class=\"law\" title=\"Court may decree as to maintenance and support of spouses\" href=\"\/20-107.1\/\">20-107.1<\/a> through <a class=\"law\" title=\"Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage, or death; effect of retirement\" href=\"\/20-109\/\">20-109<\/a> shall constitute a final <span class=\"dictionary\">judgment<\/span> for any sum or sums in <span class=\"dictionary\">arrears<\/span>. This <span class=\"dictionary\">order<\/span> shall also include an amount for interest on the arrearage including from the date support is established or retroactively modified at the <span class=\"dictionary\">judgment<\/span> interest rate as established by \u00a7&nbsp;<a class=\"law\" title=\"Judgment rate of interest\" href=\"\/6.2-302\/\">6.2-302<\/a> unless the obligee, in a writing submitted to the <span class=\"dictionary\">court<\/span>, <span class=\"dictionary\">waives<\/span> the collection of interest; and may include reasonable attorney fees if the total arrearage for support and maintenance, excluding interest, is equal to or greater than three months of support and maintenance.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nATTORNEY FEES AND INTEREST ON SUPPORT ARREARAGE (\u00a7 20-78.2)\n\nThe entry of an order or decree of support for a spouse or for support and\nmaintenance of a child under the provisions of this chapter or \u00a7\u00a7 20-107.1\nthrough 20-109 shall constitute a final judgment for any sum or sums in arrears.\nThis order shall also include an amount for interest on the arrearage including\nfrom the date support is established or retroactively modified at the judgment\ninterest rate as established by \u00a7 6.2-302 unless the obligee, in a writing\nsubmitted to the court, waives the collection of interest; and may include\nreasonable attorney fees if the total arrearage for support and maintenance,\nexcluding interest, is equal to or greater than three months of support and\nmaintenance.\n\nHISTORY: 1983, c. 488; 1987, c. 190; 1995, c. 483; 2005, c. 880; 2022, c. 527.","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}}