The court, when it finds the respondent has failed to perform the order of the court concerning the custody or the maintenance and support of the child or support and maintenance of the spouse, or under the existing circumstances is under the duty to render support or additional support to the child or to pay for the support and maintenance of the spouse, may proceed to deal with the respondent as provided in §§ 20-79.1, 20-114, and 20-115. In addition, the court may enter a qualified domestic relations order or other order for the purpose of enforcing a support order by attaching or garnishing any pension, profit-sharing, or deferred compensation plan or retirement benefits pursuant to the United States Internal Revenue Code or other applicable federal laws. The court may revise and alter its decree as to the child or support and maintenance of the spouse, and grant leave to the petitioner to proceed in the appropriate juvenile and domestic relations district court in conformity with any applicable law; or it may, at the application of any party or on its own motion certify its final order granting support of the child or support and maintenance of the spouse to such juvenile and domestic relations district court for enforcement of collection as though such order had been made in such juvenile and domestic relations district court, in accordance with § 20-79 (c).
When the petitioner has been granted leave to proceed in a juvenile and domestic relations district court all proceedings thereafter shall conform to the provisions of Chapter 5 (§ 20-61 et seq.).
Code 1919, § 5111; 1944, p. 398; 1948, p. 593; 1964, c. 273; 1968, c. 483; 1970, c. 761; 1975, c. 644; 1982, c. 298; 2012, c. 39.
Notes of Decisions
Cited in
6
cases, 1961–2016 · leading case:
Ipsen v. Moxley, 642 S.E.2d 798 (Va. Ct. App. 2007).
Ipsen v. Moxley, 642 S.E.2d 798 (Va. Ct. App. 2007).
· cites it 2× “1; Code §§ 20-113 to 20-115; Code §§ 63.2-1900 to 63.”
Perry v. Perry, 120 S.E.2d 385 (Va. 1961).
· cites it 2× “The defendant failed to comply with this order, was cited for contempt, and the questions of custody and support of the child were referred to the Juvenile and Domestic Relations Court, Code § 20-113. Afterwards the complainant filed a supplemental bill charging adultery and…”
Christian A. Von Hassell v. Elizabeth Von Hassell, No. 0414164 (Va. Ct. App. Nov. 15, 2016).
· cites it 2× “Code § 20-115 Challenge Pursuant to Code § 20-113, “[t]he court, when it finds the respondent has failed to perform the order of the court concerning the custody or the maintenance and support of the child or support and maintenance of the spouse .”
In re Geary, 1 Va. Cir. 295 (Rockingham Cir. Ct. 1982).
· cites it 2× “(A cursory review of the sections of the chapter show use of the word suit or suits at least eleven times; plaintiff six times; defendant eighteen times, and respondent twice in § 20-113; § 20-99 itself uses opposing party; § 20-106 uses adverse party; and in addition to bill…”
Adams v. Adams, 24 Va. Cir. 380 (Fredericksburg Cir. Ct. 1991).
“The court was not asked to impose any enforcement sanctions, such as use of its contempt power, or to take any other steps to deal with the respondent such as authorized in § 20-113. Instead, the court did nothing more than grant the relief sought by Mrs.”
Bernstein v. Bernstein, 11 Va. Cir. 371 (Henrico Cir. Ct. 1972).
“The contrary is also arguable, particularly where the Juvenile Court proceeding began with a Petition by Irvin Bernstein on April 30, 1971, reciting that the case was in the Juvenile Court under § 20-79(c) or § 20-113. This Court is of the view that whether § 20-103 is…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.