16.1-278.16 - Failure to comply with support obligation; payroll deduction; commitment. - Virginia Statutes

§ 16.1-278.16. Failure to comply with support obligation; payroll deduction;commitment.

In cases involving (i) the custody, visitation or support of a child arisingunder subdivision A 3 of § 16.1-241, (ii) spousal support arising undersubsection L of § 16.1-241, (iii) support, maintenance, care, and custody ofa child or support and maintenance of a spouse transferred to the juvenileand domestic relations district court pursuant to § 20-79, or (iv) motions toenforce administrative support orders entered pursuant to Chapter 19 (§63.2-1900 et seq.) of Title 63.2, when the court finds that the respondent(i) has failed to perform or comply with a court order concerning the custodyand visitation of a child or a court or administrative order concerning thesupport and maintenance of a child or a court order concerning the supportand maintenance of a spouse or (ii) under existing circumstances, is under aduty to render support or additional support to a child or pay the supportand maintenance of a spouse, the court may order a payroll deduction asprovided in § 20-79.1, or the giving of a recognizance as provided in §20-114. If the court finds that the respondent has failed to perform orcomply with such order, and personal or substitute service has been obtained,the court may issue a civil show cause summons or a capias pursuant to thissection. The court also may order the commitment of the person as provided in§ 20-115 or the court may, in its discretion, impose a sentence of up to 12months in jail, notwithstanding the provisions of §§ 16.1-69.24 and 18.2-458,relating to punishment for contempt. If the court finds that an employer, whois under a payroll deduction order pursuant to § 20-79.1, has failed tocomply with such order after being given a reasonable opportunity to showcause why he failed to comply with such order, then the court may proceed toimpose sanctions on the employer pursuant to subdivision A 9 of § 20-79.3.

(1991, c. 534; 2003, cc. 929, 942; 2004, c. 219.)