reglab/housing_qa huggingface dataset:
VA Code § 20-78.1 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5 - Desertion and Nonsupport|§ 20-78.1. Effect of entry of support order in certain garnishment proceedings

A. A judgment for arrearage, or an order or decree of support for a spouse or support and maintenance of a child or children entered under the provisions of this chapter or §§ 16.1-278.15 through 16.1-278.18, 20-103 and 20-107.1 through 20-109 may be enforced in any garnishment proceeding in which the liability is against the United States of America.B. Except as otherwise provided herein, the provisions of Article 7 (§ 8.01-511 et seq.) of Chapter 18 of Title 8.01 shall govern such garnishment. Any garnishment under the provisions of this section shall continue until modified by the issuing court, or in the case of an arrearage, until the sum or sums of money found to be in arrears are paid in full.C. The provisions of this section shall apply to arrearages accumulated prior to and after July 1, 1976.1976, c. 659; 1978, c. 736; 1980, c. 102; 1987, c. 597; 1991, c. 534; 1999, c. 577.
VA Code § 20-78.2 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5 - Desertion and Nonsupport|§ 20-78.2. Attorneys' fees and interest on support arrearage

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 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 attorneys' 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.
VA Code § 20-79.2 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5 - Desertion and Nonsupport|§ 20-79.2. Immediate income deduction; income withholding

A. For the purposes of this section, the terms "employer" and "income" shall have the same meanings ascribed to them in § 63.2-1900.B. Every initial order entered on or after July 1, 1995, directing a person to pay child support shall include a provision for immediate withholding from the income of the obligor for the amount of the support order, plus an amount for the liquidation of arrearages, if any, unless the obligor and either the obligee or the Department on behalf of the obligee, agree in writing to an alternative payment arrangement or one of the parties demonstrates and the court finds good cause for not imposing immediate withholding. In determining whether good cause is shown, the court shall consider the obligor's past financial responsibility, history of prior payment under any support order, and any other matter that the court considers relevant to the likelihood of payment in accordance with the support order. An alternative payment arrangement may include but is not limited to, a voluntary income assignment pursuant to § 20-79.1 or 63.2-1945.An order that modifies an initial order may include a provision for immediate income withholding.The total amount withheld shall not exceed the maximum amount permitted under § 34-29.A withholding order issued to an obligor's employer pursuant to this section shall conform to § 20-79.3. The rights and obligations of the employer with respect to the order are set out in § 20-79.3. The order shall direct the employer to forward payments to the Department for recording and disbursement to the obligee, or as otherwise required by law. The Department shall not charge a fee for recording and disbursing payments when it is providing support enforcement services to the obligee pursuant to § 63.2-1904 or 63.2-1908.1988, c. 906; 1990, cc. 836, 896; 1991, c. 534; 1995, c. 714; 1998, c. 727; 2020, c. 722.
VA Code § 20-80 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5 - Desertion and Nonsupport|§ 20-80. Violation of orders; trial; forfeiture of recognizance

If at any time the court may be satisfied by information and due proof that the defendant has violated the terms of such order, it may forthwith proceed with the trial of the defendant under the original charge, or sentence him or her, under the original conviction, or annul suspension of sentence, and enforce such sentence, or in its discretion may extend or renew the term of probation as the case may be. Upon due proof that the terms of such order have been violated, the court shall in any event have the power to declare the recognizance forfeited, the sum or sums thereon to be paid, in the discretion of the court, in whole or in part to the defendant's spouse, or to the guardian, curator, custodian or trustee of the minor child or children, or to an organization or individual designated by the court to receive the same.Code 1919, § 1940; 1918, p. 761; 1922, p. 846; 1974, c. 464.
VA Code § 20-81 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5 - Desertion and Nonsupport|§ 20-81. Presumptions as to desertion and abandonment

Proof of desertion or of neglect of spouse, child or children by any person shall be prima facie evidence that such desertion or neglect is willful; and proof that a person has left his or her spouse, or his or her child or children in destitute or necessitous circumstances, or has contributed nothing to their support for a period of thirty days prior or subsequent either or both to his or her departure, shall constitute prima facie evidence of an intention to abandon such family.Code 1919, § 1941; 1918, p. 761; 1922, p. 846; 1974, c. 464.
VA Code § 20-82 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5 - Desertion and Nonsupport|§ 20-82. Spouses competent as witnesses

In every prosecution under this chapter, persons married to each other shall be competent witnesses to testify against each other in all relevant matters, including the facts of such marriage, provided that neither shall be compelled to give evidence incriminating himself.Code 1919, § 1941; 1918, p. 761; 1922, p. 846; 2020, c. 900.
VA Code § 20-83 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5 - Desertion and Nonsupport|§ 20-83. Venue of offense

Any offense under this chapter shall be held to have been committed in any county or city in which such spouse, child or children may be at the time of desertion, or in which such child or children may be or remain, with the knowledge and acquiescence of the accused, in destitute or necessitous condition, or where the accused shall be found in this Commonwealth.Code 1919, § 1942; 1918, p. 761; 1922, p. 846; 1975, c. 644.
VA Code § 20-83.1 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5 - Desertion and Nonsupport|§ 20-83.1. Transfer of cases between courts in certain instances

(a) In the event that a spouse or dependent child has left the jurisdiction of the court in which the original petition was filed, but is still within the Commonwealth, and the accused is not within the jurisdiction embraced by such court, on motion of the spouse or child, or accused or the person having custody of such child, the court in which the original petition was filed may transfer the case to the court having original jurisdiction to hear such petitions in the county or city in this Commonwealth in which the spouse or child or accused resides. The court to which such case has been transferred shall have power to enforce such orders and decrees as may have been made in the court transferring the case as though the petition had been originally filed therein, and to make such other orders and decrees as may be necessary to enforce the provisions of this chapter.(b) In the event that an appeal is pending in a court of record in this Commonwealth from the decision of any court having jurisdiction to hear such petitions, upon motion of the spouse or child, or the person having custody of the child, stating that such spouse or child no longer resides within the jurisdiction of such court of record, such court, upon reaching its decision, may transfer the case to the court having original jurisdiction to hear such petitions in the county or city in which the spouse or child resides in the same manner and to the same effect as provided in subsection (a) hereof.1964, c. 12; 1974, c. 464.
VA Code § 20-84 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5 - Desertion and Nonsupport|§ 20-84. Extradition

Whenever the judge of, or magistrate serving, the jurisdiction wherein such offense is alleged to have been committed shall, after an investigation of the facts and circumstances thereof, certify that in his opinion the charge is well founded and the case a proper one for extradition, or in any case if the cost of extradition is borne by the parties interested in the case, the person charged with having left the Commonwealth with the intention of evading the terms of his or her probation or of abandoning or deserting his or her spouse, or his or her child or children, or failing to support them, shall be apprehended and brought back to the county or city having jurisdiction of the case in accordance with the law providing for the apprehension and return to the Commonwealth of fugitives from justice, and upon conviction punished as hereinabove provided.Code 1919, § 1942; 1918, p. 761; 1922, p. 846; 1974, c. 464; 2008, cc. 551, 691.
VA Code § 20-87 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5 - Desertion and Nonsupport|§ 20-87. Arrest for violating directions, rules or regulations given by judge

Whenever the chief of police or sheriff becomes satisfied that such person is violating the directions, rules or regulations given or prescribed by the judge for his or her conduct, such chief of police or sheriff shall have authority to arrest such person after a proper capias or warrant has been issued for such person and forthwith carry him before the court before whom he or she was first brought.Code 1919, § 1944; 1918, p. 762; 1922, p. 847; 1974, c. 464; 1975, c. 644; 1988, c. 495.
VA Code § 20-88.02 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5 - Desertion and Nonsupport|§ 20-88.02. Transfer of assets to qualify for assistance; liability of transferees

A. As used in this section, "uncompensated value" means the aggregate amount by which the fair market value of all property or resources, including fractional interests, transferred by any transferor after the effective date of and subject to this section, exceeds the aggregate consideration received for such property or resources.B. Within thirty months prior to the date on which any person receives benefits from any program of public assistance or social services as defined in § 63.2-100, if such person has transferred any property or resources resulting in uncompensated value, the transferee of such property or resources shall be liable to repay the Commonwealth for benefits paid on behalf of the transferor up to the amount of that uncompensated value less $25,000.C. In their discretion, the heads of the agencies which administer the appropriate program or programs of public assistance may petition the circuit court having jurisdiction over the property or over the transferee for an order requiring repayment. That order shall continue in effect, as the court may determine, for so long as the transferor receives public assistance or until the uncompensated value is completely repaid. With respect to all transfers subject to this section, a rebuttable presumption is created that the transferee acted with the intent and for the purpose of assisting the transferor to qualify for public assistance. If the presumption is rebutted, this section shall not apply and the petition shall be dismissed.D. After reasonable investigation, the agency or agencies administering the program of public assistance shall not file any petition, and no court shall order payments under subsection B of this section if it is determined that: (i) the uncompensated value of the property transferred is $25,000 or less, (ii) that the property transferred was the home of the transferor at the time of the transfer and the transferor or any of the following individuals reside in the home: the transferor's spouse, any natural or adopted child of the transferor under the age of twenty-one years or any natural or adopted child of the transferor, regardless of age, who is blind or disabled as defined by the federal Social Security Act or the Virginia Medicaid Program, or (iii) the transferee is without financial means or that such payment would work a hardship on the transferee or his family. If the transferee does not fully cooperate with the investigating agency to determine the nature and extent of the hardship, there shall be a rebuttable presumption that no hardship exists.1992, c. 662; 2002, c. 747.
VA Code § 20-88.02:1 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5 - Desertion and Nonsupport|§ 20-88.02:1. Limitations on spousal support orders resulting in eligibility for medical assistance services; definitions

A. Whenever any court shall determine that any petition for a spousal support order will have the effect of rendering either spouse eligible for medical assistance services or for accelerating eligibility for medical assistance services, and the community spouse is asking for additional resources which will bring his total resources to an amount in excess of the federally established maximum spousal resource allowance:1. The court shall not enter the requested spousal support order unless the court first orders the institutionalized spouse to make available the maximum income contribution to the community spouse.2. The court must ascertain, when determining additional income in excess of the federally established community spouse minimum monthly maintenance needs allowance, that the increase is necessary due to exceptional circumstances resulting in significant financial duress to the community spouse.3. When determining the amount of any additional resources to be allowed to raise the community spouse's income up to either the federally established community spouse minimum monthly maintenance needs allowance or in excess of such minimum monthly maintenance needs allowance, the amount of such additional resources to be allowed shall be the greater of (i) those additional resources necessary to generate an amount sufficient to increase the community spouse's income to the applicable monthly needs or income allowance, as the case may be when based on the current earnings of such resources or (ii) the amount necessary, at the time of the court's deliberations, to purchase a single premium annuity that would generate monthly income to the community spouse in an amount sufficient to increase the community spouse's income to the applicable monthly needs or income allowance, as the case may be.B. For the purpose of making the determinations required by this section:"Community spouse" means the spouse of an individual residing in a medical institution or nursing facility."Federally established maximum spousal resource allowance" means that amount established as the maximum spousal resource allowance in 42 U.S.C. 1396r-5 (f) (2) (A) as adjusted annually in accordance with 42 U.S.C. 1396r-5 (g)."Institutionalized spouse" means an individual who has been residing in a medical institution or nursing facility for at least thirty consecutive days and who is married to an individual who is not residing in a medical institution or nursing facility."Significant financial duress" means, but is not limited to, threatened loss of basic shelter, food or medically necessary health care or the financial burden of caring for a disabled child, sibling or other immediate relative.1994, cc. 836, 952.
VA Code § 20-88.32:1 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5.3 - Uniform Interstate Family Support Act|§ 20-88.32:1. Uniformity of application and construction

In applying and construing this Uniform Interstate Family Support Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.2015, c. 727.
VA Code § 20-88.33 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5.3 - Uniform Interstate Family Support Act|§ 20-88.33. Tribunals of the Commonwealth and support enforcement agency

A. The juvenile and domestic relations district courts, circuit courts, and the Department of Social Services are the tribunals of the Commonwealth.B. The Department of Social Services is the support enforcement agency of the Commonwealth.1994, c. 673; 2005, c. 754; 2015, c. 727.
VA Code § 20-88.34 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5.3 - Uniform Interstate Family Support Act|§ 20-88.34. Remedies cumulative

A. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.B. This chapter does not provide the exclusive method of establishing or enforcing a support order under the law of the Commonwealth or grant a tribunal of the Commonwealth jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter.1994, c. 673; 2005, c. 754; 2015, c. 727.
VA Code § 20-88.34:1 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5.3 - Uniform Interstate Family Support Act|§ 20-88.34:1. Application of chapter to resident of foreign country and foreign support proceeding

A. A tribunal of the Commonwealth shall apply Articles 1 through 9 (§ 20-88.32 et seq.) and, as applicable, Article 13 (§ 20-88.83 et seq.) to a support proceeding involving a foreign support order, a foreign tribunal, or an obligee, obligor, or child residing in a foreign country.B. A tribunal of the Commonwealth that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Articles 1 through 9 (§ 20-88.32 et seq.).C. Article 13 (§ 20-88.83 et seq.) applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Article 13 is inconsistent with Articles 1 through 9 (§ 20-88.32 et seq.), Article 13 controls.2015, c. 727.
VA Code § 20-88.35 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5.3 - Uniform Interstate Family Support Act|§ 20-88.35. Bases for jurisdiction over nonresident

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; or9. 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.
VA Code § 20-88.36 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5.3 - Uniform Interstate Family Support Act|§ 20-88.36. Duration of personal jurisdiction

Personal jurisdiction acquired by a tribunal of the Commonwealth in a proceeding under this chapter or other law of the Commonwealth relating to a support order continues as long as a tribunal of the Commonwealth has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by §§ 20-88.39, 20-88.40 and 20-88.43:2.1994, c. 673; 1995, c. 484; 2005, c. 754.
VA Code § 20-88.37 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5.3 - Uniform Interstate Family Support Act|§ 20-88.37. Initiating and responding tribunal of the Commonwealth

Under this chapter, a tribunal of the Commonwealth may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.1994, c. 673; 2015, c. 727.
VA Code § 20-88.38 (2021)
2021 Code of Virginia|Title 20 - Domestic Relations|Chapter 5.3 - Uniform Interstate Family Support Act|§ 20-88.38. Simultaneous proceedings in another state

A. A tribunal of the Commonwealth may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or foreign country only if:1. The petition or comparable pleading in the Commonwealth is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;2. The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and3. If relevant, the Commonwealth is the home state of the child.B. A tribunal of the Commonwealth may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or foreign country if:1. The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in the Commonwealth for filing a responsive pleading challenging the exercise of jurisdiction by the Commonwealth;2. The contesting party timely challenges the exercise of jurisdiction in the Commonwealth; and3. If relevant, the other state or foreign country is the home state of the child.1994, c. 673; 2015, c. 727.