2011 Code of Virginia
Title 16.1 COURTS NOT OF RECORD.
Chapter 11 Juvenile and Domestic Relations District Courts (16.1-226 thru 16.1-361)
16.1-278.16 Failure to comply with support obligation; payroll deduction; commitment
16.1-278.16. Failure to comply with support obligation; payroll deduction; commitment.
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 (i) 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 (ii) 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 A 9 of 20-79.3.
(1991, c. 534; 2003, cc. 929, 942; 2004, c. 219.)
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