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 (a) 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 (b) 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 B 9 of § 20-79.3.
1991, c. 534; 2003, cc. 929, 942; 2004, c. 219; 2020, c. 722.
Notes of Decisions
Briggman v. Virginia, Dep't of Soc. Servs., Div. of Child Support Enf't, 526 F. Supp. 2d 590 (W.D. Va. 2007).
· cites it 2× “In Count Four, the plaintiff states that the Clerks of the Juvenile and Domestic Relations Courts, without the intervention of a judge, are issuing civil show cause summonses based upon the alleged failure to comply with child support obligations and are determining whether to…”
Doe v. Charter Commc'ns, 131 F.4th 323 (5th Cir. 2025).
“§ 1983 action against Ferguson, in his official capacity, alleging that Ferguson violated Doe’s rights to equal protection and due process under the Fourteenth Amendment by “recording a civil rehabilitation process as a criminal matter.”
Cartwright v. Cartwright, 53 Va. Cir. 367 (Isle of Wight Cir. Ct. 2000).
· cites it 3× “The summons stated that Walter Cartwright must “show cause, if any, why [he] should not, pursuant to Va. Code § 16.1-278.16 be imprisoned until [he] complies with the Court’s order or be fined for failure to provide support.”
Thomas L Switzer v. Samuel S Smith, No. 0779023 (Va. Ct. App. Oct. 29, 2002).
· cites it 6× “The Smiths requested that father be held in contempt pursuant to Code § 16.1-278.16 for his failure to provide support * Pursuant to Code § 17.”
Leslie Olivia Hairston v. Commonwealth of Virginia, No. 1322243 (Va. Ct. App. Nov. 5, 2025).
· cites it 3× “The juvenile court subsequently found the defendant in Cartwright guilty of contempt of court and sentenced him to six months in jail but suspended the sentence on condition that defendant become current on his child support payments before the next review date.”
Timothy M. Barrett v. Commonwealth of Virginia, Dep't of Soc. Servs., etc., No. 1381103 (Va. Ct. App. July 26, 2011).
· cites it 2× “1 through 20-109 (here, appellant contends the order was based on a show cause notice under Code § 16.1-278.16, rather than the aforementioned code section); (2) appellee did not ask for interest thus such an award is waived without appellee claiming it; (3) there was no…”
Mason S. Thompson v. Commonwealth, etc, No. 0390012 (Va. Ct. App. Feb. 4, 2003).
· cites it 2× “Code § 16.1-278.16 provides: [W]hen the court finds that the respondent (i) has failed to perform or comply with a court order .”
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