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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>60261</law_id><section_number>20-88</section_number><catch_line>Support of parents by children</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="20">Domestic Relations</unit><unit label="chapter" level="2" order_by="1" identifier="5">Desertion and Nonsupport</unit></structure><text>
						<section><p>It shall be the joint and several duty of all persons eighteen years of age or over, of sufficient earning capacity or income, after reasonably providing for his or her own immediate family, to assist in providing for the support and maintenance of his or her mother or father, he or she being then and there in necessitous circumstances.
		If there be more than one person bound to support the same parent or parents, the persons so bound to support shall jointly and severally share equitably in the discharge of such duty. Taking into consideration the needs of the parent or parents and the circumstances affecting the ability of each person to discharge the duty of support, the <span class="dictionary">court</span> having jurisdiction shall have the power to determine and <span class="dictionary">order</span> the payment, by such person or persons so bound to support, of that amount for support and maintenance which to the <span class="dictionary">court</span> may seem just. Where the <span class="dictionary">court</span> ascertains that any person has failed to render his or her proper share in such support and maintenance it may, upon the complaint of any <span class="dictionary">party</span> or on its own <span class="dictionary">motion</span>, compel contribution by that person to any person or authority which has theretofore contributed to the support or maintenance of the parent or parents. The <span class="dictionary">court</span> may from time to time revise the <span class="dictionary">orders</span> entered by it or by any other <span class="dictionary">court</span> having jurisdiction under the provisions of this section, in such manner as to it may seem just.
		The juvenile and domestic relations district <span class="dictionary">court</span> shall have exclusive <span class="dictionary">original jurisdiction</span> in all cases arising under this section. Any person aggrieved shall have the same right of <span class="dictionary">appeal</span> as is provided by <span class="dictionary">law</span> in other cases.
		All proceedings under this section shall conform as nearly as possible to the proceedings under the other provisions of this chapter, and the other provisions of this chapter shall apply to cases arising under this section in like manner as though they were incorporated in this section. <span class="dictionary">Prosecutions</span> under this section shall be in the jurisdiction where the parent or parents reside.
		This section shall not apply if there is substantial <span class="dictionary">evidence</span> of desertion, neglect, abuse or willful failure to support any such child by the father or mother, as the case may be, prior to the child&#x2019;s emancipation or, except as provided hereafter in this section, if a parent is otherwise eligible for and is receiving public assistance or services under a federal or state program.
		To the extent that the financial responsibility of children for any part of the costs incurred in providing medical assistance to their parents pursuant to the plan provided for in &#xA7;&#xA0;<a class="law" title="Board to submit plan for medical assistance services to U.S. Secretary of Health and Human Services pursuant to federal law; administration of plan; contracts with health care providers" href="/32.1-325/">32.1-325</a> is not restricted by that plan and to the extent that the financial responsibility of children for any part of the costs incurred in providing to their parents services rendered, administered or funded by the Department of Behavioral Health and Developmental Services is not restricted by federal <span class="dictionary">law</span>, the provisions of this section shall apply. A proceeding may be instituted in accordance with this section in the name of the Commonwealth by the state agency administering the program of assistance or services in <span class="dictionary">order</span> to compel any child of a parent receiving such assistance or services to reimburse the Commonwealth for such portion of the costs incurred in providing the assistance or services as the <span class="dictionary">court</span> may determine to be reasonable. If costs are incurred for the institutionalization of a parent, the children shall in no case be responsible for such costs for more than sixty months of institutionalization.
		Any person violating the provisions of an <span class="dictionary">order</span> entered pursuant to this section shall be guilty of a <span class="dictionary">misdemeanor</span>, and on <span class="dictionary">conviction</span> thereof shall be punished by a fine not exceeding $500 or imprisonment in jail for a period not exceeding twelve months or both.</p></section></text><history>1920, p. 413; 1922, p. 544; 1928, p. 745; 1942, p. 406; Michie Code 1942, &#xA7; 1944a; 1952, c. 510; 1954, c. 481; 1962, c. 557; 1968, c. 665; 1970, c. 278; 1974, c. 657; 1975, c. 644; 1982, c. 472; 1984, c. 781; 2009, cc. 813, 840.</history><metadata></metadata></law>
