Reid v. Reid, 429 S.E.2d 208 (Va. 1993). · Go Syfert
Reid v. Reid, 429 S.E.2d 208 (Va. 1993). Cases Citing This Book View Copy Cite
177 citation events (129 in the last 25 years) across 5 distinct courts.
Strongest positive: Harrell v. Harrell (va, 2006-11-03)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
examined Cited as authority (quoted) Harrell v. Harrell (2×)
Va. · 2006 · quote attribution · 2 verbatim quotes · confidence low
the authority granted by 20-107.1 relates to orders entered at the time divorce is awarded or denied and is limited to matters of maintenance and support.
discussed Cited as authority (rule) Umid Khikmatov v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
A court’s contempt power therefore functions “to ‘preserve the power of the court and to vindicate the court’s dignity.’” Bell v. Commonwealth, 81 Va. App. 616 , 624 (2024) (quoting Gilman v. Commonwealth, 275 Va. 222, 227 (2008)), petition refused, No. 240866 (Va. Apr. 11, 2025). “[T]he power may be regulated by legislative enactment, provided it is not ‘destroyed, or so far diminished as to be rendered ineffectual.’” Reid v. Reid, 245 Va. 409, 414 (1993) (quoting Carter, 96 Va. at 816 ); see also Code § 18.2-456 (providing courts with statutory authority to summarily pun…
discussed Cited as authority (rule) Jorge Guevara-Martinez v. Alexandria Department of Community and Human Services
Va. Ct. App. · 2025 · confidence medium
This Court has previously noted that by enacting Code § 16.1-283, “the legislature has devised a thorough and detailed statutory scheme for courts to follow in terminating residual parental rights, . . . render[ing] the proceeding to terminate residual parental rights ‘a chancery case sui generis.’” Willis v. Gamez, 20 Va. App. 75, 83 (1995) (quoting Reid v. Reid, 245 Va. 409, 413 (1993)).
discussed Cited as authority (rule) Alice Jin-Yue Guan v. Bing Ran
Va. Ct. App. · 2020 · confidence medium
“A suit for divorce . . . does not involve an appeal to the general jurisdiction of the equity forum.” Reid v. Reid, 245 Va. 409, 413 (1993) (alteration in original) (quoting McCotter v. Carle, 149 Va. 584, 592 (1927)).
discussed Cited as authority (rule) Alice Jin-Yue Guan v. Bing Ran
Va. Ct. App. · 2020 · confidence medium
“A suit for divorce . . . does not involve an appeal to the general jurisdiction of the equity forum.” Reid v. Reid, 245 Va. 409, 413 (1993) (alteration in original) (quoting McCotter v. Carle, 149 Va. 584, 592 (1927)).
discussed Cited as authority (rule) Alice Jin-Yue Guan v. Bing Ran
Va. Ct. App. · 2020 · confidence medium
“A suit for divorce . . . does not involve an appeal to the general jurisdiction of the equity forum.” Reid v. Reid, 245 Va. 409, 413 (1993) (alteration in original) (quoting McCotter v. Carle, 149 Va. 584, 592 (1927)).
discussed Cited as authority (rule) Alice Jin-Yue Guan v. Bing Ran
Va. Ct. App. · 2020 · confidence medium
“A suit for divorce . . . does not involve an appeal to the general jurisdiction of the equity forum.” Reid v. Reid, 245 Va. 409, 413 (1993) (alteration in original) (quoting McCotter v. Carle, 149 Va. 584, 592 (1927)).
discussed Cited as authority (rule) James David Everett, II v. Kathryn Jean Tawes
Va. Ct. App. · 2018 · confidence medium
In Reid v. Reid, 245 Va. 409, 415 , 429 S.E.2d 208, 211 (1993), the Court held that even though the wife was not entitled to spousal support because she had deserted her husband, there was no statutory provision or implied authority to allow him restitution for support that he already had paid her.
discussed Cited as authority (rule) Kathryn Jean Tawes v. James David Everett, II
Va. Ct. App. · 2018 · confidence medium
In Reid v. Reid, 245 Va. 409, 415 , 429 S.E.2d 208, 211 (1993), the Court held that even though the wife was not entitled to spousal support because she had deserted her husband, there was no statutory provision or implied authority to allow him restitution for support that he already had paid her.
discussed Cited as authority (rule) John Michael Boone v. Rebecca Ann Boone
Va. Ct. App. · 2017 · confidence medium
This provision does not authorize a circuit court to “modify[] an award for support previously accrued.” Reid v. Reid, 245 Va. 409, 414-15 , 429 S.E.2d 208, 211 (1993) (holding also that a circuit court cannot order restitution of past support). -3- Code § 20-109(C) provides that if parties to divorce litigation reach an agreement on spousal support before the entry of a final decree, the circuit court must honor the agreement.
examined Cited as authority (rule) Deborah MacDougall v. Richard S. Levick (3×) also: Cited "see"
Va. Ct. App. · 2016 · confidence medium
Reid did not address a situation, like this one, involving a trial court’s authority to order repayment of pendente lite support during ongoing trial litigation. - 30 - choice, and . . . its decision will not be disturbed as long as it stays within that range and is not influenced by any mistake of law.’” Id. at 212-13, 738 S.E.2d at 861 (alterations in original) (quoting Landrum v. Chippenham & Johnston-Willis Hosps., Inc., 282 Va. 346, 352 , 717 S.E.2d 134, 137 (2011)).
examined Cited as authority (rule) Peter Weidlein v. Mimi C. Weidlein (3×) also: Cited "see"
Va. Ct. App. · 2015 · confidence medium
In Reid v. Reid, 245 Va. 409, 414 , 429 S.E.2d 208, 211 (1993), the Supreme Court held that “Code § 20-109 provides that the divorce court may modify or terminate spousal support that ‘may thereafter accrue,’ but makes no provision for modifying an award for support previously accrued.” Moreover, the Court in Reid noted that there was no statutory authority to order restitution of past support.
examined Cited as authority (rule) Peter Weidlein v. Mimi C. Weidlein (3×) also: Cited "see"
Va. Ct. App. · 2015 · confidence medium
In Reid v. Reid, 245 Va. 409, 414 , 429 S.E.2d 208, 211 (1993), the Supreme Court held that “Code § 20-109 provides that the divorce court may modify or terminate spousal support that ‘may thereafter accrue,’ but makes no provision for modifying an award for support previously accrued.” Moreover, the Court in Reid noted that there was no statutory authority to order restitution of past support.
examined Cited as authority (rule) Deborah MacDougall v. Richard S. Levick (3×) also: Cited "see"
Va. Ct. App. · 2015 · confidence medium
Reid did not address a situation, like this one, involving a trial court’s authority to order repayment of pendente lite support during ongoing trial litigation. - 25 - choice, and . . . its decision will not be disturbed as long as it stays within that range and is not influenced by any mistake of law.’” Id. at 212-13, 738 S.E.2d at 861 (alterations in original) (quoting Landrum v. Chippenham & Johnston-Willis Hosps., Inc., 282 Va. 346, 352 , 717 S.E.2d 134, 137 (2011)).
examined Cited as authority (rule) Peter Weidlein v. Mimi C. Weidlein (6×) also: Cited "see"
Va. Ct. App. · 2015 · confidence medium
In Reid v. Reid, 245 Va. 409, 414 , 429 S.E.2d 208, 211 (1993), the Supreme Court held that “Code § 20-109 provides that the divorce court may modify or terminate spousal support that ‘may thereafter accrue,’ but makes no provision for modifying an award for support previously accrued.” Moreover, the Court in Reid noted that there was no statutory authority to order restitution of past support.
examined Cited as authority (rule) Deborah MacDougall v. Richard S. Levick (3×) also: Cited "see"
Va. Ct. App. · 2015 · confidence medium
Reid did not address a situation, like this one, involving a trial court’s authority to order repayment of pendente lite support during ongoing trial litigation. - 25 - choice, and . . . its decision will not be disturbed as long as it stays within that range and is not influenced by any mistake of law.’” Id. at 212-13, 738 S.E.2d at 861 (alterations in original) (quoting Landrum v. Chippenham & Johnston-Willis Hosps., Inc., 282 Va. 346, 352 , 717 S.E.2d 134, 137 (2011)).
examined Cited as authority (rule) Steven T. Russell v. Karen A. Russell (4×)
Va. Ct. App. · 2014 · confidence medium
As the Supreme Court noted in Reid v. Reid, 245 Va. 409, 413 , 429 S.E.2d 208, 210 (1993) (citations and quotation marks omitted): A suit for divorce . . . does not involve an appeal to the general jurisdiction of the equity forum.
examined Cited as authority (rule) Thea Rachel Anthony v. Paul Skolnick-Lozano (3×) also: Cited "see"
Va. Ct. App. · 2014 · confidence medium
Tiller v. Owen, 243 Va. 176, 180 , 413 S.E.2d 51, 53 (1992) (citations omitted). 3 *90 The key issue before the Court is whether under Code § 20-107.3, the circuit court had the authority to declare a resulting trust. “ ‘A suit for divorce ... does not involve an appeal to the general jurisdiction of the equity forum.’ ” Reid v. Reid, 245 Va. 409, 413 , 429 S.E.2d 208, 210 (1993) (quoting McCotter v. Carle, 149 Va. 584, 592 , 140 S.E. 670, 673 (1927)).
discussed Cited as authority (rule) David B. Briggman v. Commonwealth of Virginia, Department of Social Services, etc.
Va. Ct. App. · 2010 · confidence medium
Wilson v. Wilson, 25 Va. App. 752, 760 , 492 S.E.2d 495, 499 (1997) (citing Reid v. Reid, 245 Va. 409, 415 , 429 S.E.2d 208, 211 (1993) (holding that the trial court had no statutory or inherent authority to order restitution of spousal support previously paid)).
discussed Cited as authority (rule) Newman v. Newman (2×)
Va. Ct. App. · 2004 · confidence medium
In a case involving spousal support, the Supreme Court "recognized that divorce and related matters constitute a distinct category, one not always subject to the body of jurisprudence generally applicable to common law suits and actions." Reid v. Reid, 245 Va. 409, 413 , 429 S.E.2d 208, 210 (1993).
discussed Cited as authority (rule) Karl W. Meyers v. Mary C. Meyers
Va. Ct. App. · 2003 · confidence medium
In Reid v. Reid, 245 Va. 409, 415 , 429 S.E.2d 208, 211 (1993), the Supreme Court ruled that a trial court has no statutory or inherent authority to order restitution of spousal support paid pursuant to an erroneous order.
discussed Cited as authority (rule) Moorman v. Moorman
Roanoke County Cir. Ct. · 2003 · confidence medium
Notwithstanding those prohibitions, the Virginia Supreme Court held in Reid v. Reid, 245 Va. 409,414 (1993), that “[o]nce the amount of spousal support is determined, the statutes and case law specifically limit the divorce court’s authority to retroactively modify that amount, absent fraud on the court....” (Emphasis supplied.) The Court also finds that the same rationale applies to fraud involving the setting of child support.
discussed Cited as authority (rule) S. Grey Folkes v. Pamela A. Folkes
Va. Ct. App. · 2000 · confidence medium
Despite the absence in the Code of a statute expressly allowing a trial court to modify and award spousal support retroactively to the filing of the petition in juvenile court, the legislature "did not ignore the possibility of altering spousal support awards retroactively." Reid v. Reid, 245 Va. 409, 412 , 429 S.E.2d 208, 210 (1993).
discussed Cited as authority (rule) Joyce Elizabeth Czajkowski v. Kenneth Labowitz, Adm
Va. Ct. App. · 2000 · confidence medium
The many limitations, both in respect to jurisdiction and procedure, placed upon divorce suits by the statute, differentiate the divorce case from ordinary suits in equity and render it a chancery case sui generis." Reid v. Reid, 245 Va. 409, 413 , 429 S.E.2d 208, 210 (1993) (citations omitted). [A] decree may . . . be void if "the character of the judgment was not such as the court had the power to render, or [if] the mode of procedure employed by the court was such as it might not lawfully adopt." Watkins v. Watkins, 220 Va. 1051, 1054 , 625 S.E.2d 750, 752-53 (1980) (citation omitted).
cited Cited as authority (rule) Roberta K. Godwin v. Forrest Dean Godwin
Va. Ct. App. · 1999 · confidence medium
See Code § 20-112; Reid v. Reid, 245 Va. 409, 412-13 , 429 S.E.2d 208, 210 (1993).
discussed Cited as authority (rule) Rodney Emil Deane v. Regenia Lynn Deane
Va. Ct. App. · 1999 · confidence medium
See Code § 20-108 ("No [child] support order may be retroactively modified."); Code § 20-109 (granting the trial court authority, upon petition of either party, to modify spousal support "that may thereafter accrue" (emphasis added)); Reid v. Reid, 245 Va. 409, 414 , 429 S.E.2d 208, 211 (1993).
cited Cited as authority (rule) Cynthia Margoupis v. Thomas Margoupis
Va. Ct. App. · 1999 · confidence medium
Reid v. Reid, 245 Va. 409, 414 , 429 S.E.2d 208, 211 (1993).
discussed Cited as authority (rule) Wilson v. Wilson (2×)
Va. Ct. App. · 1997 · signal: cf. · confidence medium
Cf. Reid v. Reid, 245 Va. 409, 415 , 429 S.E.2d 208, 211 (1993) (trial court has no statutory or inherent authority to order restitution of spousal support paid pursuant to erroneous order).
discussed Cited as authority (rule) Shelton v. Shelton
Utah Ct. App. · 1994 · confidence medium
Pierre v. Edmonds, 645 P.2d 615 , 619 n. 2 (Utah 1982); accord Boyce v. Boyce, 609 P.2d 928, 931 (Utah 1980) (noting that “[c]learly, a court should modify a prior decree when the interests of equity and fair dealing with the court and the opposing party so require”); Reid v. Reid, 245 Va. 409 , 429 S.E.2d 208, 211 (1993) (ruling that “[o]nce the amount of spousal support is determined, the statutes and case law specifically limit the divorce court’s authority to retroactively modify that amount, absent fraud on the court ”) (emphasis added).
discussed Cited as authority (rule) MacNelly v. MacNelly
Fairfax Cir. Ct. · 1994 · confidence medium
Quoting from the case McCotter v. Carle, 149 Va. 584, 592 (1927), the court stated, “The many limitations, both in respect to jurisdiction and procedure, placed upon divorce suits by the statute, differentiate the divorce case from ordinary suits in equity and render it a chancery case sui generis." Reid at p. 413.
discussed Cited "see" Everett v. Tawes (2×) also: Cited "see, e.g."
Va. · 2019 · signal: see · confidence high
See Reid, 245 Va. at 414 .
discussed Cited "see" Jennifer Suzanne Scheer v. David Clark Scheer (2×)
Va. Ct. App. · 2018 · signal: see · confidence high
See generally Wroblewski v. Russell, 63 Va. App. 468, 478 , 759 S.E.2d 1, 6 (2014) (explaining that a circuit court’s power “is ‘“entirely statutory and limited”’ in divorce matters” (quoting Reid v. Reid, 245 Va. 409, 415 , 429 S.E.2d 208, 211 (1993))); Wiencko, 62 Va. App. at 231 , 745 S.E.2d at 175 (limiting the interpretation of Code § 20-107.3 to its actual text).
examined Cited "see" Thaddeus Anthony Ruane v. Cynthia Ann Ruane (3×)
Va. Ct. App. · 2016 · signal: see · confidence high
See Wilson v. Wilson, 25 Va. App. 752, 760 , 492 S.E.2d 495, 499 (1997) (reaching such a conclusion in dicta, based on Reid v. Reid, 245 Va. 409, 415 , 429 S.E.2d 208, 211 (1993) (involving request for restitution of spousal support paid under order later declared erroneous)).
discussed Cited "see" Richard S. Levick v. Deborah MacDougall (2×)
Va. Ct. App. · 2016 · signal: see · confidence high
See id. at 411 , 429 S.E.2d at 209 .
discussed Cited "see" Richard S. Levick v. Deborah MacDougall (2×)
Va. Ct. App. · 2015 · signal: see · confidence high
See id. at 411 , 429 S.E.2d at 209 .
cited Cited "see" Baldwin v. Baldwin
Roanoke County Cir. Ct. · 2009 · signal: accord · confidence high
McCotter v. Carle, 149 Va. 584, 594 , 140 S.E. 670 (1927) (quoting Barker v. Dayton, 28 Wisc. 367 (1871)); accord, Reid, 245 Va. at 413 .
examined Cited "see" Nordstrom v. Nordstrom (4×)
Va. Ct. App. · 2007 · signal: see · confidence high
See Wilson v. Wilson, 25 Va.App. 752, 760 , 492 S.E.2d 495, 499 (1997) (reaching such a conclusion in dicta, based on Reid v. Reid, 245 Va. 409, 415 , 429 S.E.2d 208, 211 (1993) (involving request for restitution of spousal support paid under order later declared erroneous)).
discussed Cited "see" George C. Pappas v. Catherine E. Pappas (2×)
Va. Ct. App. · 2004 · signal: see · confidence high
Code § 20-112 provides that a spousal support award “may be [retroactively] modified with respect to any period during which there is a pending petition for modification, but only from the date that notice of such petition has been given to the responding party.” (Emphasis added.); see Reid v. Reid, 245 Va. 409, 414 , 429 S.E.2d 208, 211 (1993) (holding that the trial court has authority to award spousal support retroactively to the period when the suit was pending).
discussed Cited "see" Timothy James Silvester v. Susal Lee Silvester (2×)
Va. Ct. App. · 1996 · signal: see · confidence high
See Reid v. Reid, 245 Va. 409, 415 , 429 S.E.2d 208, 211 (1993).
discussed Cited "see" McDavid v. McDavid (2×)
Va. Ct. App. · 1994 · signal: see · confidence high
See Reid v. Reid, 1 Va. App. 553, 563, 375 S.E.2d 533, 539 (1989), rev’d on other grounds, 245 Va. 409 , 429 S.E.2d 208 (1993).
examined Cited "see" Dietz v. Dietz (4×)
Va. Ct. App. · 1993 · signal: see · confidence high
See Reid v. Reid, 245 Va. 409, 413 , 429 S.E.2d 208, 210 (1993); Ring v. Ring, 185 Va. 269, 277 , 38 S.E.2d 471, 475 (1946).
discussed Cited "see, e.g." Willis v. Gamez (2×)
Va. Ct. App. · 1995 · signal: see also · confidence low
See also In re Juvenile Appeal, 177 Conn. 648 , 420 A.2d 875, 886 (1979). “[B]y statute, the [trial judge] is required to find both that the termination of parental rights will promote the best interests of the child and that certain factors listed in the statute are present.” Knox v. Lynchburg Div. of Social Services, 223 Va. 213, 220 , 288 S.E.2d 399, 403 (1982) (emphasis added). *83 Because the legislature has devised a thorough and detailed statutory scheme for courts to follow in terminating residual parental rights, we conclude that the legislature has rendered the proceeding to term…
Retrieving the full opinion text from the archive…
Judith N. Reid
v.
Robert A. Reid
Record 921001.
Supreme Court of Virginia.
Apr 16, 1993.
429 S.E.2d 208
John K. Taggart, III (Patricia D. McGrow; Tremblay & Smith, on briefs), for appellant., Ronald R. Tweel (Michie, Hamlett, Lowry, Rasmussen & Tweel, on brief), for appellee.
Carrico, Compton, Stephenson, Whiting, Lacy, Hassell, Cochran.
Cited by 60 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 90%
Citer courts: Supreme Court of Virginia (2)
JUSTICE LACY

delivered the opinion of the Court.

In this appeal we consider whether a trial court may order restitution from a spouse who received spousal support payments pursuant to a court order when that order subsequently was reversed on appeal.

The history of this litigation has been well documented in three published opinions of the Court of Appeals, Reid v. Reid, 7 Va. App. 553, 375 S.E.2d 533 (1989) (Reid I), Reid v. Reid, 12 Va. App. 1218, 409 S.E.2d 155 (1991) (Reid II), and Reid v. Reid, 14 Va. App. 505, 419 S.E.2d 398 (1992) (Reid III). In 1986, the Circuit Court of Albemarle County granted Dr. Robert A. Reid and Judith N. Reid a divorce a vinculo matrimonii on the ground that the parties had lived separate and apart for one year. Code § 20-91(9)(a). Dr. Reid also was ordered to pay Mrs. Reid $900 per month in spousal support as part of that order. On appeal of that judgment, the Court of Appeals held that the trial court erred when it denied Dr. Reid a divorce on the grounds of desertion and, consequently, also erred in granting Mrs. Reid spousal support. [1] Reid I, 7 Va. App. at 566, 375 S.E.2d at 540.

On remand, Dr. Reid filed a motion seeking a judgment against Mrs. Reid for $25,200, the amount he had paid in spousal support pursuant to the court order. [2] The trial court denied the motion, finding that it had no jurisdiction to enter such an order. Dr. Reid appealed the denial, but a panel of the Court of Appeals affirmed the trial court judgment. Reid II, 12 Va. App. at 1234, 409 S.E.2d at 164. On rehearing en banc, the Court of Appeals reversed the trial court judgment and remanded the case for a determination of the amount of restitution that should be ordered. Reid III, 14 Va. App. at 514, 419 S.E.2d at 404. Finding that the issue involved is a matter of significant precedential value, Code § 17-116.07(B), we awarded Mrs. Reid an appeal.

[*412] The Court of Appeals determined that the trial court had both the statutory and inherent authority to order restitution of the amounts Dr. Reid had paid to Mrs. Reid as spousal support. We hold that, to the contrary, neither statutory nor case law vests such authority in the trial court.

The only legislative language cited by the Court of Appeals to support its determination that the trial court had statutory authority to order restitution is found in the first sentence of Code § 20-107.1:

Upon decreeing the dissolution of a marriage, and also upon decreeing a divorce, whether from the bond of matrimony or from bed and board, and upon decreeing that neither party is entitled to a divorce, the court may make such further decrees as it shall deem expedient concerning the maintenance and support of the spouses.

(Emphasis added.) But the italicized phrase does not constitute an open-ended grant of authority to the divorce court. The authority granted by § 20-107.1 relates to orders entered at the time divorce is awarded or denied and is limited to matters of “maintenance and support.” Restitution is the recovery of money already paid. It is not concerned with the needs of dependent spouses or with what may be deemed expedient concerning the ‘ ‘maintenance and support of the spouses.” Even the authority granted by § 20-107.1 with respect to support orders is subject to limitations contained" in that Code section and in other relevant statutes, further demonstrating a lack of statutory authority to order restitution. See, e.g., Code § 20-109.

Nor do we find persuasive Dr. Reid’s argument that the absence of an explicit statutory prohibition against granting restitution supports the existence of implied statutory authority to order restitution. The General Assembly did not ignore the possibility of altering spousal support awards retroactively, which would effectively occur if restitution were ordered. Provision was made for retroactive treatment when “proceedings are reopened to increase, decrease or terminate maintenance and support for a spouse or for a child,” but only “with respect to any period during which there is a pending petition for modification, but [even then] only from the date that notice of such petition has been given to the responding party.” Code § 20-112. These provisions are of no aid to a party[*413] seeking restitution for spousal support paid pursuant to an order later reversed. Indeed, the provisions contradict the existence of implied authority to grant such relief.

For its conclusion that the trial court had inherent authority to order restitution, the Court of Appeals relied on Flemings v. Riddick’s Executor, 46 Va. (5 Gratt.) 272 (1848). There, we reversed a trial court order that required payment of money from the assets of certain estates to the plaintiff, Riddick. On remand, the trial court held that it had no jurisdiction to grant the estates’ motions for judgment against Riddick for the monies he received pursuant to the previous court order because the mandate on remand did not direct the trial court to order restitution. We reversed again, holding that a trial court’s inherent jurisdiction to correct abuse of its process also allows that court to order restitution when its original judgment is reversed on appeal. Id. at 280-81.

Without discussing the point, the Court of Appeals assumed that Flemings, decided in the context of reversal of a money judgment, is applicable to reversal of an order of spousal support. This Court has not addressed this specific issue previously, but we have recognized that divorce and related matters constitute a distinct category, one not always subject to the body of jurisprudence generally applicable to common law suits and actions.

“A suit for divorce . . . does not involve an appeal to the general jurisdiction of the equity forum.” McCotter v. Carle, 149 Va. 584, 592, 140 S.E. 670, 673 (1927). “The many limitations, both in respect to jurisdiction and procedure, placed upon divorce suits by the statute, differentiate the divorce case from ordinary suits in equity and render it a chancery case sui generis.” Id. at 593, 140 S.E. at 673. Specifically, we have described a spousal support order as “an order compelling [one spouse] to support [the other], and this is a public as well as a marital duty — a moral as well as a legal obligation.” West v. West, 126 Va. 696, 699, 101 S.E. 876, 877 (1920); accord Eddens v. Eddens, 188 Va. 511, 517, 50 S.E.2d 397, 400 (1948).

Clearly, there are significant differences between a spousal support order and an ordinary money judgment order. For one thing,. the former is based on need, the latter on entitlement. This distinction alone makes the application of Flemings to cases involving spousal support orders suspect.

But more important, the inherent authority discussed in Flemings is not absolute. For example, while the courts possess “an inherent[*414] power of self-defence and self-preservation” by way of contempt, Carter’s Case, 96 Va. 791, 816, 32 S.E. 780, 785 (1899), the power may be regulated by legislative enactment, provided it is not “destroyed, or so far diminished as to be rendered ineffectual.” Id. See also Code § 18.2-458.

Incident to the authority granted by Code § 20-96 to award a divorce decree, a circuit court is empowered to enter a final order of spousal support. Code § 20-107.1. The divorce court is given substantial, although not unlimited, discretion to award spousal support and to determine the amount to be paid. Spousal support is based in part on the need of the dependent spouse and since 1982 may be awarded, even where the payor spouse was awarded the divorce on a fault ground, ‘ ‘if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice. . . .” Code § 20-107.1.

Once the amount of spousal support is determined, the statutes and case law specifically limit the divorce court’s authority to retroactively modify that amount, absent fraud on the court, a claim absent here. Code § 20-109 provides that the divorce court may modify or terminate spousal support that “may thereafter accrue,” but makes no provision for modifying an award for support previously accrued. As noted supra, retroactive modification is specifically addressed in Code § 20-112: “No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification, but only from the date that notice of such petition has been given to the responding party.” (Emphasis added.) See also Code § 20-74, relating to the modification of support orders after criminal nonsupport proceedings are instituted.

Finally, the General Assembly specifically has addressed the suspension of a support order pending appeal. Generally, a party appealing an ordinary judgment is entitled to have the execution of the judgment suspended pending an appeal upon the filing of a sufficient appeal bond or irrevocable letter of credit. Code § 8.01-676.1(C). In contrast, a party is not entitled as a matter of course to suspension of a judgment for spousal support pending appeal. Code § 8.01-676.1(D) authorizes a court to refuse to suspend such orders.

These statutes allow an initial spousal support award that can be changed prospectively, Code § 20-112, but, the change máy only “increase, decrease or terminate” the award. Code § 20-109. In no[*415] case, however, do the statutes envision the imposition of an affirmative obligation of repayment on the dependent, payee spouse.

We conclude that the General Assembly has not made statutory provision for restitution of spousal support paid pursuant to an order that is later reversed. And because, as we said in McCotter, the jurisdiction of a court of equity is ‘ ‘entirely statutory and limited” in divorce matters, 149 Va. at 592, 140 S.E. at 673, we think that the legislature has modified the inherent power described in Flemings.

Accordingly, we hold that the Court of Appeals erred when it held that the trial court had statutory and inherent authority to order restitution in this case. For this error, we will reverse the judgment of the Court of Appeals and dismiss Dr. Reid’s petition.

Reversed and dismissed.

1

When the divorce was filed in 1982, a fault ground, such as desertion, barred spousal support. See Code § 20-107.1.

2

Dr. Reid’s original motion was for “Equitable Recoupment.” The parties now agree, however, that the relief sought is restitution, not recoupment.