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2004 SESSION
040986372Be it enacted by the General Assembly of Virginia:
1. That § 16.1-278.16 of the Code of Virginia is amended and reenacted as follows:
§ 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 arising
under subdivision A 3 of § 16.1-241, (ii) spousal support arising under
subsection L of § 16.1-241, (iii) support, maintenance, care, and custody of a
child or support and maintenance of a spouse transferred to the juvenile and
domestic relations district court pursuant to § 20-79, or (iv) motions to
enforce 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 custody and visitation
of a child or a court or administrative order concerning the support and
maintenance of a child or a court order concerning the support and maintenance
of a spouse or (ii) under existing circumstances, is under a duty to render
support or additional support to a child or pay the support and maintenance of
a spouse, the court may order a payroll deduction as provided in § 20-79.1, or
the giving of a recognizance as provided in § 20-114. If the court, upon
petition, finds that the respondent has failed to perform or comply 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 this section. 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 twelve 12 months 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, who is under a payroll
deduction order pursuant to § 20-79.1, has failed to comply with such order
after being given a reasonable opportunity to show cause why he failed to comply
with such order, then the court may proceed to impose sanctions on the employer
pursuant to subdivision A 9 of § 20-79.3.