                                 CODE OF VIRGINIA

SUPPORT OF PARENTS BY CHILDREN (§ 20-88)

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 court having jurisdiction shall have the power to
determine and order the payment, by such person or persons so bound to support,
of that amount for support and maintenance which to the court may seem just.
Where the court 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
party or on its own motion, 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 court may from time to time revise the orders entered by
it or by any other court having jurisdiction under the provisions of this
section, in such manner as to it may seem just.
		The juvenile and domestic relations district court shall have exclusive
original jurisdiction in all cases arising under this section. Any person
aggrieved shall have the same right of appeal as is provided by law 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. Prosecutions under this
section shall be in the jurisdiction where the parent or parents reside.
		This section shall not apply if there is substantial evidence 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&#8217;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 § 32.1-325 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 law, 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 order 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 court 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 order entered pursuant to this
section shall be guilty of a misdemeanor, and on conviction thereof shall be
punished by a fine not exceeding $500 or imprisonment in jail for a period not
exceeding twelve months or both.

HISTORY: 1920, p. 413; 1922, p. 544; 1928, p. 745; 1942, p. 406; Michie Code
1942, § 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.