In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of the Commonwealth may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:
1. The individual is personally served with process within the Commonwealth;
2. The individual submits to the jurisdiction of the Commonwealth by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
3. The individual resided with the child in the Commonwealth;
4. The individual resided in the Commonwealth and paid prenatal expenses or provided support for the child;
5. The child resides in the Commonwealth as a result of the acts or directives of the individual;
6. The individual engaged in sexual intercourse in the Commonwealth and the child may have been conceived by the act of intercourse;
7. The individual asserted parentage of a child in the Virginia Birth Father Registry maintained in the Commonwealth by the Department of Social Services;
8. The exercise of personal jurisdiction is authorized under subdivision A 8 of § 8.01-328.1; or
9. There is any other basis consistent with the constitutions of the Commonwealth and the United States for the exercise of personal jurisdiction.
The bases of personal jurisdiction set forth in this section or any other law of the Commonwealth may not be used to acquire personal jurisdiction for a tribunal of the Commonwealth to modify a child support order issued by a tribunal of another state unless the requirements of § 20-88.76 or 20-88.77:3 are met.
1994, c. 673; 2005, c. 754; 2015, c. 727; 2017, c. 200.
Notes of Decisions
Franklin v. Commonwealth Ex Rel. Franklin, 497 S.E.2d 881 (Va. Ct. App. 1998).
· cites it 12× “Code § 20-88.35(2) provides that courts may exercise personal jurisdiction over an individual for support purposes if “[t]he individual submits to the jurisdiction of this Commonwealth .”
Commonwealth v. Richter, 475 S.E.2d 817 (Va. Ct. App. 1996).
· cites it 2× “” Code § 20-88.35(3) and (6). In pertinent part, Code § 8.”
Van Dyke v. Van Dyke, 50 Va. Cir. 604 (Fairfax Cir. Ct. 1998).
· cites it 3× “, Va. Code § 20-88.35 (basis for jurisdiction over nonresident under UIFSA).”
Clifton Franklin v. CW,D.S.S.,D.C.S.E., M. Franklin (Va. Ct. App. 1998).
· cites it 14× “Code § 20-88.35(2) provides that courts may exercise personal jurisdiction over an individual for support purposes if "[t]he individual submits to the jurisdiction of this Commonwealth .”
Oliver v. Oliver, 61 Va. Cir. 88 (2003).
· cites it 5× “Va. Code Ann. § 20-88.35 . Mr. Oliver and his family resided in Brandy Station, Virginia, after the birth of their child from September 30, 1997, until April 1998, thereby satisfying the requirement set forth in § 20-88.”
Rind v. Cafaro, 59 Va. Cir. 167 (2002).
· cites it 2× “Va. Code Ann. § 20-88.35 (2001). Virginia case law states that “t[o] obtain personal jurisdiction over a person who has executed a property settlement outside Virginia, there must be more than a simple connection between the contract which is being sued upon and the state…”
Schreiber v. Schreiber, 43 Va. Cir. 274 (Fairfax Cir. Ct. 1997).
· cites it 3× “toe person conceived or fathered a child in this Commonwealth”), or even the ‘extended personal jurisdiction” of toe Uniform Interstate Family Support Act, Va. Code §20-88.35. For toe foregoing reasons, Mr.”
— Va. Code Ann. § 20-88.35(2) — 2 cases
Franklin v. Commonwealth Ex Rel. Franklin, 497 S.E.2d 881 (Va. Ct. App. 1998).
“Code § 20-88.35(2) provides that courts may exercise personal jurisdiction over an individual for support purposes if “[t]he individual submits to the jurisdiction of this Commonwealth .”
Clifton Franklin v. CW,D.S.S.,D.C.S.E., M. Franklin (Va. Ct. App. 1998).
“Code § 20-88.35(2) provides that courts may exercise personal jurisdiction over an individual for support purposes if "[t]he individual submits to the jurisdiction of this Commonwealth .”
— Va. Code Ann. § 20-88.35(3) — 4 cases
Commonwealth v. Richter, 475 S.E.2d 817 (Va. Ct. App. 1996).
“” Code § 20-88.35(3) and (6). In pertinent part, Code § 8.”
Oliver v. Oliver, 61 Va. Cir. 88 (2003).
“Va. Code Ann. § 20-88.35 . Mr. Oliver and his family resided in Brandy Station, Virginia, after the birth of their child from September 30, 1997, until April 1998, thereby satisfying the requirement set forth in § 20-88.”
— Va. Code Ann. § 20-88.35(4) — 2 cases
Oliver v. Oliver, 61 Va. Cir. 88 (2003).
“Va. Code Ann. § 20-88.35 . Mr. Oliver and his family resided in Brandy Station, Virginia, after the birth of their child from September 30, 1997, until April 1998, thereby satisfying the requirement set forth in § 20-88.”
— Va. Code Ann. § 20-88.35(5) — 4 cases
Franklin v. Commonwealth Ex Rel. Franklin, 497 S.E.2d 881 (Va. Ct. App. 1998).
“Code § 20-88.35(2) provides that courts may exercise personal jurisdiction over an individual for support purposes if “[t]he individual submits to the jurisdiction of this Commonwealth .”
Clifton Franklin v. CW,D.S.S.,D.C.S.E., M. Franklin (Va. Ct. App. 1998).
“Code § 20-88.35(2) provides that courts may exercise personal jurisdiction over an individual for support purposes if "[t]he individual submits to the jurisdiction of this Commonwealth .”
Oliver v. Oliver, 61 Va. Cir. 88 (2003).
“Va. Code Ann. § 20-88.35 . Mr. Oliver and his family resided in Brandy Station, Virginia, after the birth of their child from September 30, 1997, until April 1998, thereby satisfying the requirement set forth in § 20-88.”
— Va. Code Ann. § 20-88.35(6) — 1 case
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