                                 CODE OF VIRGINIA

FAILURE TO COMPLY WITH SUPPORT OBLIGATION; PAYROLL DEDUCTION; COMMITMENT (§
16.1-278.16)

In cases involving (i) the custody, visitation, or support of a child arising
under subdivision A 3 of § 16.1-241, (ii) spousal support arising under
subsection L of § 16.1-241, (iii) support, maintenance, care, and custody of a
child or support and maintenance of a spouse transferred to the juvenile and
domestic relations district court pursuant to § 20-79, or (iv) motions to
enforce administrative support orders entered pursuant to Chapter 19 (§
63.2-1900 et seq.) of Title 63.2, when the court finds that the respondent (a)
has failed to perform or comply with a court order concerning the custody and
visitation of a child or a court or administrative order concerning the support
and maintenance of a child or a court order concerning the support and
maintenance of a spouse or (b) under existing circumstances, is under a duty to
render support or additional support to a child or pay the support and
maintenance of a spouse, the court may order a payroll deduction as provided in
§ 20-79.1, or the giving of a recognizance as provided in § 20-114. If the
court finds that the respondent has failed to perform or comply with such order,
and personal or substitute service has been obtained, the court may issue a
civil show cause summons or a capias pursuant to this section. The court also
may order the commitment of the person as provided in § 20-115 or the court
may, in its discretion, impose a sentence of up to 12 months in jail,
notwithstanding the provisions of §§ 16.1-69.24 and 18.2-458, relating to
punishment for contempt. If the court finds that an employer, who is under a
payroll deduction order pursuant to § 20-79.1, has failed to comply with such
order after being given a reasonable opportunity to show cause why he failed to
comply with such order, then the court may proceed to impose sanctions on the
employer pursuant to subdivision B 9 of § 20-79.3.

HISTORY: 1991, c. 534; 2003, cc. 929, 942; 2004, c. 219; 2020, c. 722.