Any order of support or amendment thereof entered under the provisions of this chapter shall remain in full force and effect until annulled by the court of original jurisdiction, or the court to which an appeal may be taken; however, such order of support or terms of probation shall be subject to change or modification by the court from time to time, as circumstances may require, but no such change or modification shall affect or relieve the surety of his or her obligation under such recognizance, provided notice thereof be forthwith given to such surety. 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 in any court, but only from the date that notice of such petition has been given to the responding party.
Code 1919, § 1939; 1932, p. 467; 1940, p. 477; 1975, c. 644; 1987, c. 649; 2004, c. 204.
Notes of Decisions
Joan E. Davis Jones v. Robert M. Davis, 595 S.E.2d 501 (Va. Ct. App. 2004).
· cites it 19× “Furthermore, “[n]o support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification.”
Aviles v. Aviles, 416 S.E.2d 716 (Va. Ct. App. 1992).
· cites it 12× “” The motion cited Code § 20-74 as authority for relief. Five months after the motion was filed, the hus *362 band filed a document styled “Notice of Hearing to Set Aside a Decree A Vinculo Matrimonii for Fraud Upon The Court.”
Reid v. Reid, 429 S.E.2d 208 (Va. 1993).
· cites it 2× “) See also Code § 20-74, relating to the modification of support orders after criminal nonsupport proceedings are instituted.”
Walthall v. Commonwealth, 353 S.E.2d 169 (Va. Ct. App. 1987).
· cites it 2× “4 The wife’s 1984 motion was made apparently pursuant to the provisions of Code § 20-74, which provides that all orders remain in force until further order of the court and confers authority to modify orders from time to time as the circumstances may require.”
Brown v. Brown, 397 S.E.2d 837 (Va. 1990).
· cites it 2× “In a written opinion, the chancellor overruled the exception and entered a final decree on November 3, 1989, confirming the commissioner’s report and ordering a judicial sale of the property subject to the credits ascertained by the commissioner.”
Werner v. Commonwealth & Werner, 186 S.E.2d 76 (Va. 1972).
· cites it 2× “Section 20-74 provides that a support order remains in effect, subject to change or modification as circumstances may require, until annulled by the court of original jurisdiction or the court to which an appeal may be taken.”
Jones v. Richardson, 320 F. Supp. 929 (W.D. Va. 1970).
· cites it 2× “Section 20-74 of the Virginia Code provides that support orders remain in effect until annulled or modified.”
Tamena Genell Wilson v. Fitzgerald Britton (Va. Ct. App. 2018).
· cites it 2× “Mother relies on Code §§ 20-74 and -108, each of which provides as follows: 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 in any court, but only from the date that notice…”
Myles Talbert Hylton v. Cheryl Ann Price Hylton (Va. Ct. App. 1999).
· cites it 2× “See Code §§ 20-74, 20-108. III. CONTEMPT [A]ny order of court requiring support of a spouse or children shall remain in full force and effect until reversed or modified by judgment of a superior court, and in the interim the order shall be enforceable by the court entering it…”
CW, DSS, DCSE, Sarah Carter v. David M. Branch (Va. Ct. App. 1998).
· cites it 2× “It argues that the reduction was a retroactive modification prohibited by Code §§ 20-74 and 20-108. In addition, it argues that interest is mandatory unless waived in writing and that the trial court cannot disallow it in this case.”
E. Anthony Shields v. Barbara R. Shields (Va. Ct. App. 1998).
· cites it 2× “…become effective "only from the date that notice of [mother's] petition has been given to the responding party." Code § 20-74. 6”
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