                                 CODE OF VIRGINIA

DESERTION OR NONSUPPORT OF WIFE, HUSBAND OR CHILDREN IN NECESSITOUS
CIRCUMSTANCES (§ 20-61)

Any spouse who without cause deserts or willfully neglects or refuses or fails
to provide for the support and maintenance of his or her spouse, and any parent
who deserts or willfully neglects or refuses or fails to provide for the support
and maintenance of his or her child under the age of eighteen years of age, or
child of whatever age who is crippled or otherwise incapacitated from earning a
living, the spouse, child or children being then and there in necessitous
circumstances, shall be guilty of a misdemeanor and upon conviction shall be
punished by a fine of not exceeding $500, or confinement in jail not exceeding
twelve months, or both, or on work release employment as provided in § 53.1-131
for a period of not less than ninety days nor more than twelve months; or in
lieu of the fine or confinement being imposed upon conviction by the court or by
verdict of a jury he or she may be required by the court to suffer a forfeiture
of an amount not exceeding the sum of $1,000 and the fine or forfeiture may be
directed by the court to be paid in whole or in part to the spouse, or to the
guardian, curator, custodian or trustee of the minor child or children, or to
some discreet person or responsible organization designated by the court to
receive it. This section shall not apply to the parent of a child of whatever
age, if the child qualifies for and is receiving aid under a federal or state
program for aid to the permanently and totally disabled; or is an adult and
meets the visual requirements for aid to the blind; and for this purpose any
state agency shall use only the financial resources of the child of whatever age
in determining eligibility; however, such parent is subject to prosecution under
this section for the desertion or nonsupport of a spouse or of another child who
is not receiving such aid.

HISTORY: 1944, p. 210; Michie Suppl. 1946, § 1936; 1950, p. 613; 1954, c. 481;
1960, c. 275; 1966, c. 360; 1970, c. 284; 1972, cc. 460, 845; 1973, cc. 315,
346; 1974, c. 464; 1975, c. 644; 1976, c. 462; 2010, c. 619.