Virginia Code

Va. Code Ann. § 20-115 (2026)

Commitment and sentence for failure to comply with order or decree

✓ current as of May 2026
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Upon failure or refusal to give the recognizance provided for in § 20-114, or upon conviction of any party for contempt of court in (i) failing or refusing to comply with any order or decree for support and maintenance for a spouse or for a child or children or (ii) willfully failing or refusing to comply with any order entered pursuant to § 20-103 or § 20-107.3, the court (i) may commit and sentence such party to a local correctional facility as provided for in § 20-61 and (ii) may assign the party to a work release program pursuant to § 53.1-131 or to perform public service work; in either event the assignment shall be for a fixed or indeterminate period or until the further order of the court. However, in no event shall commitment or work assignment be for more than twelve months. The sum or sums as provided for in § 20-63, shall be paid as therein set forth, to be used for the support and maintenance of the spouse or the child or children for whose benefit such order or decree provided.

1942, p. 639; Michie Code 1942, § 5111a; 1975, c. 644; 1991, c. 698; 1995, c. 428.

Notes of Decisions
Cited in 10 cases, 1973–2017 · leading case: Arthur G. Kahn v. Eileen McNicholas, 795 S.E.2d 485 (Va. Ct. App. 2017).
Arthur G. Kahn v. Eileen McNicholas, 795 S.E.2d 485 (Va. Ct. App. 2017). · cites it 6× “See also Code § 20-115 (expressly allowing the circuit court to order the incarceration of a contemnor for his or her willful failure or refusal to comply with any order entered pursuant to Code § 20-107.”
Kirk T. Milam v. Sheila J. Milam, 778 S.E.2d 535 (Va. Ct. App. 2015). · cites it 2× “The circuit court found father guilty of contempt pursuant to Code § 20-115 and sentenced him to a twelvemonth jail sentence.”
Kessler v. Commonwealth, 441 S.E.2d 223 (Va. Ct. App. 1994). · cites it 4× “Pursuant to Code § 20-115, a show cause summons was issued by the juvenile court against Kessler for failure to pay the support as ordered.”
Zabala v. Zabala, 48 Va. Cir. 267 (Norfolk Cir. Ct. 1999). · cites it 3× “This Court does not find, as required under Va. Code § 20-115, that Respondent “willfully fail[ed] or reiuse[ed] to comply with any order entered pursuant to .”
Christian A. Von Hassell v. Elizabeth Von Hassell (Va. Ct. App. 2016). · cites it 11× “That the trial court erred in ordering the appellant to be incarcerated for civil contempt for an indeterminate period without limiting any confinement to twelve months pursuant to Virginia Code § 20-115. 8. That the trial court erred in directing the appellant to begin…”
Rajan Jagannathan v. Valeria Shepeleva Jagannathan (Va. Ct. App. 2008). · cites it 12× “4 Code § 20-115 reads: Upon failure or refusal to give the recognizance provided for in § 20-114, or upon conviction of any party for contempt of court in (i) failing -2- specifically gave the trial court authority to hold the hearing, and it was under that authority that the…”
Gowen v. Wilkerson, 364 F. Supp. 1043 (W.D. Va. 1973). · cites it 4× “Petitioner was convicted for “contempt of court in failing or refusing to comply with any order or decree for support, maintenance or alimony” pursuant to § 20-115 of the Virginia Code (1960 Rep.Vol.”
Mason S. Thompson v. Commonwealth, etc (Va. Ct. App. 2003). · cites it 3× “- 4 - Code § 20-115 provides: [U]pon conviction of any party for contempt of court in (i) failing or refusing to comply with any order or decree for support and maintenance for a .”
Sulta N. McElroy v. Donald H. McElroy (Va. Ct. App. 1999). · cites it 4× “She argues that Code § 20-115 required husband to file a Rule to Show Cause rather than a Motion to Compel Compliance.”
Samantha Irene Carrano v. Frank Albert Carrano (Va. Ct. App. 2016). “2d 151, 154 (2007) (internal quotation marks and citations omitted); see also Code § 20-115 (providing that a court “may” exercise the power of contempt for persons who have willfully refused to pay court-ordered child or spousal support); Wells v.”
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