{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-88.76.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-88.76.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-88.76.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-88.76.html"}],"law_id":61026,"edition_id":1,"section_id":61026,"structure_id":14640,"section_number":"20-88.76","catch_line":"Modification of child support order of another state","history":"1994, c. 673; 1997, cc. 797, 897; 2005, c. 754; 2015, c. 727.","full_text":"A\n\nIf \u00a7 20-88.77:1 does not apply, 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\n\nThe following requirements are met:\n\t\t\t\ta. Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;\n\t\t\t\tb. A petitioner who is a nonresident of the Commonwealth seeks modification; and\n\t\t\t\tc. The respondent is subject to the personal jurisdiction of the tribunal of the Commonwealth; or2\n\nThe Commonwealth is the 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\n\nModification 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\n\nA 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\n\nIn 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\n\nOn 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.F\n\nNotwithstanding subsections A through E and § 20-88.35, a tribunal of the Commonwealth retains jurisdiction to modify an order issued by a tribunal of the Commonwealth if one party resides in another state and the other party resides outside the United States.","order_by":null,"text":{"0":{"id":223102,"text":"If \u00a7 20-88.77:1 does not apply, 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:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":223103,"text":"The following requirements are met:\n\t\t\t\ta. Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;\n\t\t\t\tb. A petitioner who is a nonresident of the Commonwealth seeks modification; and\n\t\t\t\tc. The respondent is subject to the personal jurisdiction of the tribunal of the Commonwealth; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":223104,"text":"The Commonwealth is the 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.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":223105,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":223106,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":223107,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":223108,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":223109,"text":"Notwithstanding subsections A through E and § 20-88.35, a tribunal of the Commonwealth retains jurisdiction to modify an order issued by a tribunal of the Commonwealth if one party resides in another state and the other party resides outside the United States.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14640,"edition_id":1,"name":"Registration and Modification of Child Support Order","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":14136,"metadata":{},"date_created":"2026-06-26 03:49:02","date_modified":"2026-06-26 03:49:02","permalink":{"id":178897,"object_type":"structure","relational_id":14640,"identifier":"9","token":"20\/5.3\/9","url":"\/20\/5.3\/9\/","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":57250,"structure_id":14640,"section_number":"20-88.74","catch_line":"Procedure to register child support order of another state for modification","url":"\/20-88.74\/","token":"20\/5.3\/9\/20-88.74","metadata":false},{"id":56200,"structure_id":14640,"section_number":"20-88.75","catch_line":"Effect of registration for modification","url":"\/20-88.75\/","token":"20\/5.3\/9\/20-88.75","metadata":false},{"id":61026,"structure_id":14640,"section_number":"20-88.76","catch_line":"Modification of child support order of another state","url":"\/20-88.76\/","token":"20\/5.3\/9\/20-88.76","metadata":false},{"id":63531,"structure_id":14640,"section_number":"20-88.77","catch_line":"Recognition of order modified in another state","url":"\/20-88.77\/","token":"20\/5.3\/9\/20-88.77","metadata":false},{"id":77267,"structure_id":14640,"section_number":"20-88.77:1","catch_line":"Jurisdiction to modify support order of another state when individual parties reside in this Commonwealth","url":"\/20-88.77_1\/","token":"20\/5.3\/9\/20-88.77_1","metadata":false},{"id":78321,"structure_id":14640,"section_number":"20-88.77:2","catch_line":"Notice to issuing tribunal of modification","url":"\/20-88.77_2\/","token":"20\/5.3\/9\/20-88.77_2","metadata":false},{"id":58475,"structure_id":14640,"section_number":"20-88.77:3","catch_line":"Jurisdiction to modify child support order of foreign country","url":"\/20-88.77_3\/","token":"20\/5.3\/9\/20-88.77_3","metadata":false},{"id":64975,"structure_id":14640,"section_number":"20-88.77:4","catch_line":"Procedure to register child support order of foreign country for modification","url":"\/20-88.77_4\/","token":"20\/5.3\/9\/20-88.77_4","metadata":false}],"previous_section":{"id":56200,"structure_id":14640,"section_number":"20-88.75","catch_line":"Effect of registration for modification","url":"\/20-88.75\/","token":"20\/5.3\/9\/20-88.75","metadata":false},"next_section":{"id":63531,"structure_id":14640,"section_number":"20-88.77","catch_line":"Recognition of order modified in another state","url":"\/20-88.77\/","token":"20\/5.3\/9\/20-88.77","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-88.76\/","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 1997, chapters 797<\/a> and 897<\/a>; in 2005, chapter 754<\/a>; in 2015, chapter 727<\/a>.<\/p>","references":[{"id":65936,"section_number":"20-88.35","catch_line":"Bases for jurisdiction over nonresident","order_by":null,"url":"\/20-88.35\/"},{"id":56200,"section_number":"20-88.75","catch_line":"Effect of registration for modification","order_by":null,"url":"\/20-88.75\/"},{"id":58475,"section_number":"20-88.77:3","catch_line":"Jurisdiction to modify child support order of foreign country","order_by":null,"url":"\/20-88.77_3\/"}],"refers_to":[{"id":65936,"section_number":"20-88.35","catch_line":"Bases for jurisdiction over nonresident","order_by":null,"url":"\/20-88.35\/"},{"id":57851,"section_number":"20-88.41","catch_line":"Determination of controlling child support order","order_by":null,"url":"\/20-88.41\/"},{"id":77267,"section_number":"20-88.77:1","catch_line":"Jurisdiction to modify support order of another state when individual parties reside in this Commonwealth","order_by":null,"url":"\/20-88.77_1\/"}],"permalink":{"id":178907,"object_type":"law","relational_id":61026,"identifier":"20-88.76","token":"20\/5.3\/9\/20-88.76","url":"\/20-88.76\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-88.76\/","token":"20\/5.3\/9\/20-88.76","dublin_core":{"Title":"Modification of child support order of another state","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-88.76","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If \u00a7 20-88.77:1<\/a> does not apply, upon petition<\/span> a tribunal<\/span> of the Commonwealth may modify a child support order<\/span>, issued in another state<\/span>, that is registered in the Commonwealth if, after notice and hearing<\/span>, the tribunal<\/span> finds that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The following requirements are met:\n\t\t\t\ta. Neither the child, nor the obligee<\/span> who is an individual, nor the obligor<\/span> resides in the issuing state<\/span>;\n\t\t\t\tb. A petitioner who is a nonresident of the Commonwealth seeks modification; and\n\t\t\t\tc. The respondent is subject to the personal jurisdiction<\/span> of the tribunal<\/span> of the Commonwealth; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Commonwealth is the residence of the child or a party<\/span> who is an individual is subject to the personal jurisdiction<\/span> of the tribunal of the Commonwealth and all of the individual parties who are individuals have filed consents in a record<\/span> in the issuing tribunal<\/span> for a tribunal of the Commonwealth to modify the support order and assume continuing, exclusive jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Modification of a registered child support order<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A tribunal of the Commonwealth may not modify any aspect of a child support order<\/span> that may not be modified under the law<\/span> of the issuing state<\/span>, including the duration of the obligation of support. If two or more tribunals<\/span> have issued child support orders<\/span> for the same obligor<\/span> and same child, the order that controls and shall be so recognized under § 20-88.41<\/a> establishes the aspects of the support order which are nonmodifiable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In a proceeding to modify a child support order<\/span>, the law<\/span> of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor<\/span>’s fulfillment of the duty of support<\/span> established by that order precludes imposition of a further obligation of support by a tribunal of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> On issuance of an order by a tribunal of the Commonwealth modifying a child support order<\/span> issued in another state, the tribunal of the Commonwealth becomes the tribunal having continuing, exclusive jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding subsections A through E and § 20-88.35<\/a>, a tribunal of the Commonwealth retains jurisdiction<\/span> to modify an order issued by a tribunal of the Commonwealth if one party<\/span> resides in another state and the other party<\/span> resides outside the United States<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE (\u00a7 20-88.76)\n\nA. If \u00a7 20-88.77:1 does not apply, upon petition a tribunal of the Commonwealth\nmay modify a child support order, issued in another state, that is registered in\nthe Commonwealth if, after notice and hearing, the tribunal finds that:\n\n 1. The following requirements are met:\n \t\t\t\ta. Neither the child, nor the obligee who is an individual, nor the\n obligor resides in the issuing state;\n \t\t\t\tb. A petitioner who is a nonresident of the Commonwealth seeks\n modification; and\n \t\t\t\tc. The respondent is subject to the personal jurisdiction of the tribunal\n of the Commonwealth; or\n\n 2. The Commonwealth is the residence of the child or a party who is an\n individual is subject to the personal jurisdiction of the tribunal of the\n Commonwealth and all of the individual parties who are individuals have filed\n consents in a record in the issuing tribunal for a tribunal of the\n Commonwealth to modify the support order and assume continuing, exclusive\n jurisdiction.\n\nB. Modification of a registered child support order is subject to the same\nrequirements, procedures, and defenses that apply to the modification of an\norder issued by a tribunal of the Commonwealth and the order may be enforced and\nsatisfied in the same manner.\n\nC. A tribunal of the Commonwealth may not modify any aspect of a child support\norder that may not be modified under the law of the issuing state, including the\nduration of the obligation of support. If two or more tribunals have issued\nchild support orders for the same obligor and same child, the order that\ncontrols and shall be so recognized under § 20-88.41 establishes the\naspects of the support order which are nonmodifiable.\n\nD. In a proceeding to modify a child support order, the law of the state that is\ndetermined to have issued the initial controlling order governs the duration of\nthe obligation of support. The obligor’s fulfillment of the duty of\nsupport established by that order precludes imposition of a further obligation\nof support by a tribunal of the Commonwealth.\n\nE. On issuance of an order by a tribunal of the Commonwealth modifying a child\nsupport order issued in another state, the tribunal of the Commonwealth becomes\nthe tribunal having continuing, exclusive jurisdiction.\n\nF. Notwithstanding subsections A through E and § 20-88.35, a tribunal of\nthe Commonwealth retains jurisdiction to modify an order issued by a tribunal of\nthe Commonwealth if one party resides in another state and the other party\nresides outside the United States.\n\nHISTORY: 1994, c. 673; 1997, cc. 797, 897; 2005, c. 754; 2015, c. 727.","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}}