Enforcing a Custody or Support Order in Virginia

Custody and visitation orders

A person violating a J&DR order entered under the disposition statutes, which include custody and visitation orders under § 16.1-278.15, may be proceeded against by an order to show cause why the order has not been complied with, for contempt of court, or both (§ 16.1-292(A)). Under § 20-124.2(E), the court that entered a custody or visitation order has continuing authority to make the orders needed to enforce it, including punishing a party’s willful failure to comply as contempt of court.

DC-635, Motion for Show Cause Summons or Capias (revised 10/25) has a box for failure to obey a child custody or visitation order under § 16.1-292(A)(i), where you give the date of the order, what it ordered, and the act of the other party and its date. The DC-620 instructions list the DC-635 among the pleadings it accompanies when custody or visitation is at issue.

Under § 16.1-278.16, when the court finds that a respondent has failed to comply with a court order concerning custody and visitation or support, and personal or substituted service has been obtained, the court may issue a civil show cause summons or a capias, and may impose a sentence of up to 12 months in jail.

Child support orders

• Unpaid support is a judgment. Support that becomes due and is unpaid creates a judgment by operation of law, which becomes a lien on real estate only when docketed where the property is located (§ 16.1-278.15(C)).
• Judgment for arrears. The J&DR court may enter a money judgment for support arrears, and the judgment includes reasonable attorney’s fees when the arrearage, excluding interest, equals or exceeds three months of support (§ 16.1-278.18(A)). The motion must be served on the other party. DC-625, Motion and Notice and Judgment for Arrearages is the statewide form.
• Payroll deduction and recognizance. On a finding of noncompliance or a duty to pay support, the court may order a payroll deduction or the giving of a recognizance (§ 16.1-278.16). DC-617, Motion and Notice of Proposed Income Deduction Order for Support is the statewide motion.
• Contempt for nonpayment. On a contempt conviction for failing to comply with a J&DR support order, the court may sentence the party to confinement for a fixed or indeterminate period or until further order, but not more than 12 months (§ 16.1-292(B)).
• Licenses. Support orders must give notice that a petition may be filed to suspend a Virginia professional, occupational, or recreational license on a delinquency of 90 days or more or $5,000 or more (§ 20-60.3(6)).

The judiciary’s J&DR pamphlet notes that a person seeking support can ask the Division of Child Support Enforcement to open a case instead of filing a petition.

Changes to support are not retroactive

No support order may be retroactively modified. It may be modified for any period during which a modification petition is pending, but only from the date that notice of the petition has been given to the responding party (§§ 16.1-278.18(A) and 20-108).

Primary sources

Laws, rules and forms change. Check the current version at the source before you file.

• Va. Code § 16.1-292, violation of court order
• Va. Code § 16.1-278.16, failure to comply; payroll deduction
• Va. Code § 16.1-278.18, money judgments for arrears
• Va. Code § 16.1-278.15, support creates judgment
• Va. Code § 20-124.2, continuing authority to enforce
• Va. Code § 20-108, revision of decrees; withheld visitation
• Va. Code § 20-60.3, contents of support orders
• Form DC-635, Motion for Show Cause Summons or Capias
• Form DC-625, Motion and Notice and Judgment for Arrearages
• Form DC-617, proposed income deduction order
• Form DC-620 instructions
• The Juvenile and Domestic Relations District Court (judiciary pamphlet)
• Virginia Division of Child Support Enforcement