{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1801.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1801.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1801.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1801.html"}],"law_id":65010,"edition_id":1,"section_id":65010,"structure_id":13808,"section_number":"64.2-1801","catch_line":"Parental duty of support","history":"1999, c. 16, \u00a7 31-8.1; 2002, c. 832; 2005, c. 681; 2012, c. 614.","full_text":"A\n\nNotwithstanding the provisions of § 64.2-1800, a guardian of a minor’s estate shall not make any distribution of income or corpus of the minor’s estate to or for the benefit of a ward who has a living parent, whether or not the guardian is such parent, except to the extent that the distribution is authorized by (i) the deed, will, or other instrument under which the estate is derived or (ii) the circuit court, upon a finding that (a) the parent is unable to completely fulfill the parental duty of supporting the minor, (b) the parent cannot for some reason be required to provide such support, or (c) a proposed distribution is beyond the scope of parental duty of support in the circumstances of a specific case. The existence of a parent-child relationship shall be determined in accordance with the provisions of § 64.2-102. The circuit court’s authorization may be contained in the order appointing the guardian or it may be obtained at any time prior to the distribution in question; however, in extenuating circumstances where the interests of equity so require, the court’s authorization may be obtained after the distribution in question.B\n\nA guardian who desires to make any distribution specified in subsection A that is not authorized by an existing court order or a deed, will, or other instrument under which the estate is derived shall file a petition in the circuit court wherein his accounts may be settled. The petition shall name the ward as a defendant and set forth the reasons why such distribution is appropriate. If the ward is 14 years of age or older, the guardian shall give notice of the petition to the ward at least five days before filing the petition. The court or clerk shall appoint an attorney-at-law as guardian ad litem to represent the ward. Proceedings on the petition shall conform to the procedures governing a civil action and the evidence may be taken orally. No attorney fees shall be taxed in the costs and no writ tax shall be required upon the petition. The court may fix reasonable attorney fees for services in connection with the filing of the petition, and the court shall fix the guardian ad litem’s fee. Such fees shall be paid out of the estate unless the court directs that they be paid personally by the guardian. The clerk shall receive a fee as provided in subdivision A 18 of § 17.1-275 for all services rendered thereon, to be paid by the guardian out of the estate. Any notice required to be served under this section may be served by any person other than the guardian.C\n\nNotwithstanding subsection B, if the court determines that an emergency exists, an order authorizing a distribution may be entered without the appointment of a guardian ad litem, provided that the court makes such further provisions in its order for the protection of the ward’s estate as it may deem proper in each case.","order_by":null,"text":{"0":{"id":236670,"text":"Notwithstanding the provisions of § 64.2-1800, a guardian of a minor’s estate shall not make any distribution of income or corpus of the minor’s estate to or for the benefit of a ward who has a living parent, whether or not the guardian is such parent, except to the extent that the distribution is authorized by (i) the deed, will, or other instrument under which the estate is derived or (ii) the circuit court, upon a finding that (a) the parent is unable to completely fulfill the parental duty of supporting the minor, (b) the parent cannot for some reason be required to provide such support, or (c) a proposed distribution is beyond the scope of parental duty of support in the circumstances of a specific case. The existence of a parent-child relationship shall be determined in accordance with the provisions of § 64.2-102. The circuit court’s authorization may be contained in the order appointing the guardian or it may be obtained at any time prior to the distribution in question; however, in extenuating circumstances where the interests of equity so require, the court’s authorization may be obtained after the distribution in question.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":236671,"text":"A guardian who desires to make any distribution specified in subsection A that is not authorized by an existing court order or a deed, will, or other instrument under which the estate is derived shall file a petition in the circuit court wherein his accounts may be settled. The petition shall name the ward as a defendant and set forth the reasons why such distribution is appropriate. If the ward is 14 years of age or older, the guardian shall give notice of the petition to the ward at least five days before filing the petition. The court or clerk shall appoint an attorney-at-law as guardian ad litem to represent the ward. Proceedings on the petition shall conform to the procedures governing a civil action and the evidence may be taken orally. No attorney fees shall be taxed in the costs and no writ tax shall be required upon the petition. The court may fix reasonable attorney fees for services in connection with the filing of the petition, and the court shall fix the guardian ad litem’s fee. Such fees shall be paid out of the estate unless the court directs that they be paid personally by the guardian. The clerk shall receive a fee as provided in subdivision A 18 of § 17.1-275 for all services rendered thereon, to be paid by the guardian out of the estate. Any notice required to be served under this section may be served by any person other than the guardian.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":236672,"text":"Notwithstanding subsection B, if the court determines that an emergency exists, an order authorizing a distribution may be entered without the appointment of a guardian ad litem, provided that the court makes such further provisions in its order for the protection of the ward’s estate as it may deem proper in each case.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13808,"edition_id":1,"name":"Custody and Care of Ward and Estate","identifier":"18","label":"chapter","depth":4,"order_by":1,"parent_id":13807,"metadata":{},"date_created":"2026-06-26 03:45:56","date_modified":"2026-06-26 03:45:56","permalink":{"id":275369,"object_type":"structure","relational_id":13808,"identifier":"18","token":"64.2\/IV\/C\/18","url":"\/64.2\/IV\/C\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13807,"edition_id":1,"name":"Guardianship of Minor","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12905,"metadata":{},"date_created":"2026-06-26 03:45:56","date_modified":"2026-06-26 03:45:56","permalink":{"id":275337,"object_type":"structure","relational_id":13807,"identifier":"C","token":"64.2\/IV\/C","url":"\/64.2\/IV\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12905,"edition_id":1,"name":"Fiduciaries and Guardians","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":274813,"object_type":"structure","relational_id":12905,"identifier":"IV","token":"64.2\/IV","url":"\/64.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65728,"structure_id":13808,"section_number":"64.2-1800","catch_line":"Custody, care, and education of ward; ward's estate","url":"\/64.2-1800\/","token":"64.2\/IV\/C\/18\/64.2-1800","metadata":false},{"id":65010,"structure_id":13808,"section_number":"64.2-1801","catch_line":"Parental duty of support","url":"\/64.2-1801\/","token":"64.2\/IV\/C\/18\/64.2-1801","metadata":false},{"id":54813,"structure_id":13808,"section_number":"64.2-1802","catch_line":"Parental duty of support; limited authority of commissioner of accounts","url":"\/64.2-1802\/","token":"64.2\/IV\/C\/18\/64.2-1802","metadata":false},{"id":61572,"structure_id":13808,"section_number":"64.2-1803","catch_line":"Termination of guardianship","url":"\/64.2-1803\/","token":"64.2\/IV\/C\/18\/64.2-1803","metadata":false},{"id":66832,"structure_id":13808,"section_number":"64.2-1804","catch_line":"Powers of courts over guardians","url":"\/64.2-1804\/","token":"64.2\/IV\/C\/18\/64.2-1804","metadata":false},{"id":73432,"structure_id":13808,"section_number":"64.2-1805","catch_line":"Powers of guardian","url":"\/64.2-1805\/","token":"64.2\/IV\/C\/18\/64.2-1805","metadata":false},{"id":65027,"structure_id":13808,"section_number":"64.2-1806","catch_line":"Powers of guardian; transition rule","url":"\/64.2-1806\/","token":"64.2\/IV\/C\/18\/64.2-1806","metadata":false}],"previous_section":{"id":65728,"structure_id":13808,"section_number":"64.2-1800","catch_line":"Custody, care, and education of ward; ward's estate","url":"\/64.2-1800\/","token":"64.2\/IV\/C\/18\/64.2-1800","metadata":false},"next_section":{"id":54813,"structure_id":13808,"section_number":"64.2-1802","catch_line":"Parental duty of support; limited authority of commissioner of accounts","url":"\/64.2-1802\/","token":"64.2\/IV\/C\/18\/64.2-1802","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1801\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 16<\/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 2002, chapter 832<\/a>; in 2005, chapter 681<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":[{"id":54813,"section_number":"64.2-1802","catch_line":"Parental duty of support; limited authority of commissioner of accounts","order_by":null,"url":"\/64.2-1802\/"}],"refers_to":[{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"},{"id":65069,"section_number":"64.2-102","catch_line":"Meaning of child and related terms","order_by":null,"url":"\/64.2-102\/"},{"id":65728,"section_number":"64.2-1800","catch_line":"Custody, care, and education of ward; ward's estate","order_by":null,"url":"\/64.2-1800\/"}],"permalink":{"id":275375,"object_type":"law","relational_id":65010,"identifier":"64.2-1801","token":"64.2\/IV\/C\/18\/64.2-1801","url":"\/64.2-1801\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1801\/","token":"64.2\/IV\/C\/18\/64.2-1801","dublin_core":{"Title":"Parental duty of support","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1801","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of § 64.2-1800<\/a>, a guardian of a minor<\/span>’s estate shall not make any distribution of income or corpus of the minor<\/span>’s estate to or for the benefit of a ward who has a living parent, whether or not the guardian is such parent, except to the extent that the distribution is authorized by (i) the deed, will<\/span>, or other instrument under which the estate is derived or (ii) the circuit<\/span> court<\/span>, upon a finding<\/span> that (a) the parent is unable to completely fulfill the parental duty of supporting the minor<\/span>, (b) the parent cannot for some reason be required to provide such support, or (c) a proposed distribution is beyond the scope of parental duty of support in the circumstances of a specific case. The existence of a parent-child relationship shall be determined in accordance with the provisions of § 64.2-102<\/a>. The circuit<\/span> court<\/span>’s authorization may be contained in the order<\/span> appointing the guardian or it may be obtained at any time prior to the distribution in question; however, in extenuating circumstances<\/span> where the interests of equity<\/span> so require, the court<\/span>’s authorization may be obtained after the distribution in question. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A guardian who desires to make any distribution specified in subsection A that is not authorized by an existing court order<\/span> or a deed, will<\/span>, or other instrument under which the estate is derived shall file a petition<\/span> in the circuit<\/span> court wherein his accounts may be settled. The petition<\/span> shall name the ward as a defendant<\/span> and set forth the reasons why such distribution is appropriate. If the ward is 14 years of age or older, the guardian shall give notice of the petition<\/span> to the ward at least five days before filing the petition<\/span>. The court or clerk shall appoint an attorney-at-law<\/span> as guardian ad litem<\/span> to represent the ward. Proceedings on the petition<\/span> shall conform to the procedures governing a civil action<\/span> and the evidence<\/span> may be taken orally. No attorney fees shall be taxed in the costs and no writ<\/span> tax shall be required upon the petition<\/span>. The court may fix reasonable attorney fees for services in connection with the filing of the petition<\/span>, and the court shall fix the guardian ad litem<\/span>’s fee. Such fees shall be paid out of the estate unless the court directs that they be paid personally by the guardian. The clerk shall receive a fee as provided in subdivision A 18 of § 17.1-275<\/a> for all services rendered thereon, to be paid by the guardian out of the estate. Any notice required to be served under this section may be served by any person other than the guardian. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding subsection B, if the court determines that an emergency exists, an order authorizing a distribution may be entered without the appointment of a guardian ad litem<\/span>, provided that the court makes such further provisions in its order for the protection of the ward’s estate as it may deem proper in each case. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPARENTAL DUTY OF SUPPORT (\u00a7 64.2-1801)\n\nA. Notwithstanding the provisions of § 64.2-1800, a guardian of a\nminor’s estate shall not make any distribution of income or corpus of the\nminor’s estate to or for the benefit of a ward who has a living parent,\nwhether or not the guardian is such parent, except to the extent that the\ndistribution is authorized by (i) the deed, will, or other instrument under\nwhich the estate is derived or (ii) the circuit court, upon a finding that (a)\nthe parent is unable to completely fulfill the parental duty of supporting the\nminor, (b) the parent cannot for some reason be required to provide such\nsupport, or (c) a proposed distribution is beyond the scope of parental duty of\nsupport in the circumstances of a specific case. The existence of a parent-child\nrelationship shall be determined in accordance with the provisions of §\n64.2-102. The circuit court’s authorization may be contained in the order\nappointing the guardian or it may be obtained at any time prior to the\ndistribution in question; however, in extenuating circumstances where the\ninterests of equity so require, the court’s authorization may be obtained\nafter the distribution in question.\n\nB. A guardian who desires to make any distribution specified in subsection A\nthat is not authorized by an existing court order or a deed, will, or other\ninstrument under which the estate is derived shall file a petition in the\ncircuit court wherein his accounts may be settled. The petition shall name the\nward as a defendant and set forth the reasons why such distribution is\nappropriate. If the ward is 14 years of age or older, the guardian shall give\nnotice of the petition to the ward at least five days before filing the\npetition. The court or clerk shall appoint an attorney-at-law as guardian ad\nlitem to represent the ward. Proceedings on the petition shall conform to the\nprocedures governing a civil action and the evidence may be taken orally. No\nattorney fees shall be taxed in the costs and no writ tax shall be required upon\nthe petition. The court may fix reasonable attorney fees for services in\nconnection with the filing of the petition, and the court shall fix the guardian\nad litem’s fee. Such fees shall be paid out of the estate unless the court\ndirects that they be paid personally by the guardian. The clerk shall receive a\nfee as provided in subdivision A 18 of § 17.1-275 for all services rendered\nthereon, to be paid by the guardian out of the estate. Any notice required to be\nserved under this section may be served by any person other than the guardian.\n\nC. Notwithstanding subsection B, if the court determines that an emergency\nexists, an order authorizing a distribution may be entered without the\nappointment of a guardian ad litem, provided that the court makes such further\nprovisions in its order for the protection of the ward’s estate as it may\ndeem proper in each case.\n\nHISTORY: 1999, c. 16, \u00a7 31-8.1; 2002, c. 832; 2005, c. 681; 2012, c. 614.","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}}