Virginia Code

Va. Code Ann. § 20-72 (2026)

Probation on order directing defendant to pay and enter recognizance

✓ current as of May 2026

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Before the trial, with the consent of the defendant, or at the trial on entry of a plea of guilty, or after conviction, instead of imposing the penalties hereinbefore provided, or in addition thereto, the judge, in his discretion, having regard to the circumstances of the case and to the financial ability or earning capacity of the defendant, shall have the power to make an order, directing the defendant to pay a certain sum or a certain percentage of his or her earnings periodically, either directly or through the court to the spouse or to the guardian, curator or custodian of such minor child or children, or to an organization or individual designated by the court as trustee, and to suspend sentence and release the defendant from custody on probation, upon his or her entering into a recognizance with or without surety, in such sum as the court may order and approve.

Code 1919, § 1939; 1932, p. 466; 1940, p. 476; 1952, c. 692; 1974, c. 464.

Notes of Decisions

Cited in 2 cases, 1972–1987 · leading case: Walthall v. Commonwealth, 353 S.E.2d 169 (Va. Ct. App. 1987).

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Walthall v. Commonwealth, 353 S.E.2d 169 (Va. Ct. App. 1987). · cites it 8× “This notation apparently referred to the case *677 proceeding under Code § 20-72, 2 rather than as a misdemeanor charge under Code § 20-61, 3 so that an award of child support could be entered based upon the financial ability or earning capacity of the defendant, “instead of’…”

Werner v. Commonwealth & Werner, 186 S.E.2d 76 (Va. 1972). “Section 20-71 provides for temporary support orders before trial and § 20-72 authorizes, in lieu of imposition of criminal penalties under § 20-61, entry of an order directing the husband to pay a certain sum or a percentage of his income to his wife, either directly or through…”

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