{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-88.39.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-88.39.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-88.39.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-88.39.html"}],"law_id":68593,"edition_id":1,"section_id":68593,"structure_id":15341,"section_number":"20-88.39","catch_line":"Continuing, exclusive jurisdiction to modify child support order","history":"1994, c. 673; 1996, cc. 882, 925; 1997, cc. 797, 897; 2005, c. 754.","full_text":"A\n\nA 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\n\nAt 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; or2\n\nEven 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\n\nA 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\n\nAll 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; or2\n\nIts order is not the controlling order.C\n\nIf 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\n\nA 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\n\nA temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.F\n\nThe support enforcement agency of the Commonwealth is not authorized to establish or enforce a support order for spousal support only.","order_by":null,"text":{"0":{"id":248267,"text":"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:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":248268,"text":"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","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":248269,"text":"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.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":248270,"text":"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:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":248271,"text":"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","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":248272,"text":"Its order is not the controlling order.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"6":{"id":248273,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"7":{"id":248274,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":248275,"text":"A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":248276,"text":"The support enforcement agency of the Commonwealth is not authorized to establish or enforce a support order for spousal support only.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15341,"edition_id":1,"name":"Jurisdiction in Proceedings Involving Two or More States","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":14136,"metadata":{},"date_created":"2026-06-26 03:54:04","date_modified":"2026-06-26 03:54:04","permalink":{"id":178705,"object_type":"structure","relational_id":15341,"identifier":"3","token":"20\/5.3\/3","url":"\/20\/5.3\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14136,"edition_id":1,"name":"Uniform Interstate Family Support Act","identifier":"5.3","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:46:59","date_modified":"2026-06-26 03:46:59","permalink":{"id":178595,"object_type":"structure","relational_id":14136,"identifier":"5.3","token":"20\/5.3","url":"\/20\/5.3\/","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":64206,"structure_id":15341,"section_number":"20-88.37","catch_line":"Initiating and responding tribunal of the Commonwealth","url":"\/20-88.37\/","token":"20\/5.3\/3\/20-88.37","metadata":false},{"id":82190,"structure_id":15341,"section_number":"20-88.38","catch_line":"Simultaneous proceedings in another state","url":"\/20-88.38\/","token":"20\/5.3\/3\/20-88.38","metadata":false},{"id":68593,"structure_id":15341,"section_number":"20-88.39","catch_line":"Continuing, exclusive jurisdiction to modify child support order","url":"\/20-88.39\/","token":"20\/5.3\/3\/20-88.39","metadata":false},{"id":58385,"structure_id":15341,"section_number":"20-88.40","catch_line":"Continuing jurisdiction to enforce child support order","url":"\/20-88.40\/","token":"20\/5.3\/3\/20-88.40","metadata":false}],"previous_section":{"id":82190,"structure_id":15341,"section_number":"20-88.38","catch_line":"Simultaneous proceedings in another state","url":"\/20-88.38\/","token":"20\/5.3\/3\/20-88.38","metadata":false},"next_section":{"id":58385,"structure_id":15341,"section_number":"20-88.40","catch_line":"Continuing jurisdiction to enforce child support order","url":"\/20-88.40\/","token":"20\/5.3\/3\/20-88.40","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-88.39\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 673<\/a> 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. It has been modified 3 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 1996, chapters 882<\/a> and 925<\/a>; in 1997, chapters 797<\/a> and 897<\/a>; in 2005, chapter 754<\/a>.<\/p>","references":[{"id":58650,"section_number":"20-88.36","catch_line":"Duration of personal jurisdiction","order_by":null,"url":"\/20-88.36\/"},{"id":57851,"section_number":"20-88.41","catch_line":"Determination of controlling child support order","order_by":null,"url":"\/20-88.41\/"}],"refers_to":false,"permalink":{"id":178715,"object_type":"law","relational_id":68593,"identifier":"20-88.39","token":"20\/5.3\/3\/20-88.39","url":"\/20-88.39\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-88.39\/","token":"20\/5.3\/3\/20-88.39","dublin_core":{"Title":"Continuing, exclusive jurisdiction to modify child support order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-88.39","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A tribunal<\/span> of the Commonwealth that has issued a child support order<\/span> consistent with the law<\/span> of the Commonwealth has and shall exercise continuing, exclusive jurisdiction<\/span> to modify its child support order<\/span> if the order is the controlling order, and: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> At the time of the filing of a request for modification, the Commonwealth is the residence of the obligor<\/span>, the individual obligee<\/span>, or the child for whose benefit the support order is issued; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Even if the Commonwealth is not the residence of the obligor<\/span>, the individual obligee<\/span>, or the child for whose benefit the support order is issued, the parties consent in a record<\/span> that the tribunal<\/span> of the Commonwealth may continue to exercise its jurisdiction<\/span> to modify its order. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A tribunal<\/span> of the Commonwealth that has issued a child support order<\/span> consistent with the law<\/span> of the Commonwealth may not exercise continuing, exclusive jurisdiction<\/span> to modify the order if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All of the parties who are individuals file consent in a record<\/span> with the tribunal<\/span> of the Commonwealth that a tribunal<\/span> of another state<\/span> that has jurisdiction<\/span> over at least one of the parties who is an individual or who is located in the state<\/span> of residence of the child may modify the order and assume continuing, exclusive jurisdiction<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Its order is not the controlling order. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a tribunal<\/span> of another state<\/span> has issued a child support order<\/span> pursuant to this chapter or a law<\/span> substantially similar to this chapter that modifies a child support order<\/span> of a tribunal<\/span> of the Commonwealth, tribunals<\/span> of the Commonwealth shall recognize the continuing, exclusive jurisdiction<\/span> of the tribunal<\/span> of the other state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A tribunal of the Commonwealth that lacks continuing, exclusive jurisdiction<\/span> to modify a child support order<\/span> may serve as an initiating tribunal<\/span> to request a tribunal of another state<\/span> to modify a support order issued in that state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A temporary support order issued ex parte<\/span> or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction<\/span> in the issuing tribunal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The support enforcement agency<\/span> of the Commonwealth is not authorized to establish or enforce a support order for spousal support only. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD SUPPORT ORDER (\u00a7 20-88.39)\n\nA. A tribunal of the Commonwealth that has issued a child support order\nconsistent with the law of the Commonwealth has and shall exercise continuing,\nexclusive jurisdiction to modify its child support order if the order is the\ncontrolling order, and:\n\n 1. At the time of the filing of a request for modification, the Commonwealth\n is the residence of the obligor, the individual obligee, or the child for\n whose benefit the support order is issued; or\n\n 2. Even if the Commonwealth is not the residence of the obligor, the\n individual obligee, or the child for whose benefit the support order is\n issued, the parties consent in a record that the tribunal of the Commonwealth\n may continue to exercise its jurisdiction to modify its order.\n\nB. A tribunal of the Commonwealth that has issued a child support order\nconsistent with the law of the Commonwealth may not exercise continuing,\nexclusive jurisdiction to modify the order if:\n\n 1. All of the parties who are individuals file consent in a record with the\n tribunal of the Commonwealth that a tribunal of another state that has\n jurisdiction over at least one of the parties who is an individual or who is\n located in the state of residence of the child may modify the order and assume\n continuing, exclusive jurisdiction; or\n\n 2. Its order is not the controlling order.\n\nC. If a tribunal of another state has issued a child support order pursuant to\nthis chapter or a law substantially similar to this chapter that modifies a\nchild support order of a tribunal of the Commonwealth, tribunals of the\nCommonwealth shall recognize the continuing, exclusive jurisdiction of the\ntribunal of the other state.\n\nD. A tribunal of the Commonwealth that lacks continuing, exclusive jurisdiction\nto modify a child support order may serve as an initiating tribunal to request a\ntribunal of another state to modify a support order issued in that state.\n\nE. A temporary support order issued ex parte or pending resolution of a\njurisdictional conflict does not create continuing, exclusive jurisdiction in\nthe issuing tribunal.\n\nF. The support enforcement agency of the Commonwealth is not authorized to\nestablish or enforce a support order for spousal support only.\n\nHISTORY: 1994, c. 673; 1996, cc. 882, 925; 1997, cc. 797, 897; 2005, c. 754.","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}}