Va. Code » Title 20. Domestic Relations » Chapter 5. Desertion and Nonsupport
Virginia Code

Va. Code Ann. § 20-78.2 (2026)

Attorney fees and interest on support arrearage

✓ current as of May 2026
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The entry of an order or decree of support for a spouse or for support and maintenance of a child under the provisions of this chapter or §§ 20-107.1 through 20-109 shall constitute a final judgment for any sum or sums in arrears. This order shall also include an amount for interest on the arrearage including from the date support is established or retroactively modified at the judgment interest rate as established by § 6.2-302 unless the obligee, in a writing submitted to the court, waives the collection of interest; and may include reasonable attorney fees if the total arrearage for support and maintenance, excluding interest, is equal to or greater than three months of support and maintenance.

1983, c. 488; 1987, c. 190; 1995, c. 483; 2005, c. 880; 2022, c. 527.

Notes of Decisions
Cited in 19 cases (4 in the last 5 years), 1992–2024 · leading case: Chattin v. Chattin, 427 S.E.2d 347 (Va. 1993).
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Chattin v. Chattin, 427 S.E.2d 347 (Va. 1993). · cites it 6× “The husband argues that, as a result, the wife *309 failed to meet her burden of proof under Code § 20-78.2 2 We disagree with the husband.”
Arthur G. Kahn v. Eileen McNicholas, 795 S.E.2d 485 (Va. Ct. App. 2017). · cites it 2× “See Code § 20-78.2; Adcock v. Commonwealth ex rel.”
Faysal M. Zedan v. Sylvie E. Westheim, f/k/a Sylvie Zedan, 741 S.E.2d 792 (Va. Ct. App. 2013). · cites it 2× “” Code § 20-78.2. Here, the trial court appropriately entered an appeal bond, in large part to suspend the child support arrearages judgment pending appeal.”
Krol v. Isenberg, 27 Va. Cir. 103 (Fairfax Cir. Ct. 1992). · cites it 3× “Although Va. Code § 20-78.2 allows prejudgment interest only where a payee/ spouse requests it at the hearing, Va.”
Arthur J. Scagnelli v. Nancy Hart (Va. Ct. App. 2006). · cites it 28× “then-existing Code § 20-78.2. The final decree did not specifically grant a judgment as to the arrearage.”
Lanalee Z. Buziak v. Jeffrey J. Buziak (Va. Ct. App. 2024). · cites it 14× “She further argues that the circuit court erred by failing to award her interest for the child support arrearages contrary to Code § 20-78.2. Because there is sufficient evidence in the record to support the amount of arrearages owed, but the circuit court failed to award…”
Peter Anthony DeLuca v. Tracie Ondich DeLuca (Va. Ct. App. 2019). · cites it 12× “The circuit court determined that Code § 20-78.2 allowed interest on the arrearages in orders setting out arrearages if the total arrearage was greater than the total of three months of support.”
Peter Anthony DeLuca v. Tracie Ondich DeLuca (Va. Ct. App. 2019). · cites it 11× “The trial court determined that Code § 20-78.2 allowed interest on the arrearages in orders setting out arrearages if the total arrearage was greater than the total of three months of support.”
Timothy M. Barrett v. Commonwealth of Virginia, Dep't of Soc. Servs., etc. (Va. Ct. App. 2011). · cites it 18× “INTEREST Appellant contends the trial court erred in awarding interest on the arrearage for several reasons: (1) the provisions of Code § 20-78.2 are premised on an order entered under Code §§ 20-107.”
W. Neil Wills v. Lisa J. Wills (Va. Ct. App. 2021). · cites it 10× “However, husband argues that, while Code § 20-78.2 makes interest mandatory on child support arrearages, a retroactive child support award in an initial child support award order is not an “arrearage” requiring mandatory interest because nothing was due until the court set the…”
Lisa J. Wills v. W. Neil Wills (Va. Ct. App. 2021). · cites it 10× “However, husband argues that, while Code § 20-78.2 makes interest mandatory on child support arrearages, a retroactive child support award in an initial child support award order is not an “arrearage” requiring mandatory interest because nothing was due until the court set the…”
Ronald D. Wolfe v. Stephanie A. Arthur (Va. Ct. App. 2008). · cites it 4× “We note, however, that Code § 20-78.2 provides that “[t]he entry of an order or decree of support for a spouse or for support and maintenance of a child under the provisions of this chapter .”
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