2006 Code of Virginia § 16.1-278.18 - Money judgments

16.1-278.18. Money judgments.

A. Each juvenile and domestic relations district court may enter judgment formoney in any amount for arrears of support and maintenance of any person incases in which (i) the court has previously acquired personal jurisdictionover all necessary parties or a proceeding in which such jurisdiction hasbeen obtained has been referred or transferred to the court by a circuitcourt or another juvenile and domestic relations district court and (ii)payment of such money has been previously ordered by the court, a circuitcourt, or another juvenile and domestic relations district court. Suchjudgment shall include reasonable attorneys' fees in cases where the totalarrearage for support and maintenance, excluding interest, is equal to orgreater than three months of support and maintenance. However, no judgmentshall be entered unless the motion of a party, a probation officer, a localdirector of social services, or the court's own motion is duly served on theperson against whom judgment is sought, in accordance with the applicableprovisions of law relating to notice when proceedings are reopened. Themotion shall contain a caption stating the name of the court, the title ofthe action, the names of all parties and the address of the party againstwhom judgment is sought, the amount of arrearage for which judgment issought, and the date and time when such judgment will be sought. No supportorder may be retroactively modified. It may, however, be modified withrespect to any period during which there is a pending petition formodification in any court, but only from the date that notice of suchpetition has been given to the responding party.

B. The judge or clerk of the court shall, upon written request of the obligeeunder a judgment entered pursuant to this section, certify and deliver anabstract of that judgment to the obligee or Department of Social Services,who may deliver the abstract to the clerk of the circuit court havingjurisdiction over appeals from juvenile and domestic relations districtcourt. The clerk shall issue executions of the judgment.

C. If the judgment amount does not exceed the jurisdictional limits ofsubdivision (1) of 16.1-77, exclusive of interest and any attorneys' fees,an abstract of any such judgment entered pursuant to this section may bedelivered to the clerk of the general district court of the same judicialdistrict. The clerk shall issue executions upon the judgment.

D. Arrearages accumulated prior to July 1, 1976, shall also be subject to theprovisions of this section.

(1991, c. 534; 2002, c. 747; 2004, c. 204; 2005, c. 880.)