CHAPTER 423

AN ACT to permit cwil proceedings to compel the support of
dependent wives, children, and poor relations within and with-
out the State of Virginia and to prescribe the procedure
therefor.

[S 202]

Approved April 6, 1950

Be it enacted by the General Assembly of Virginia:

1. § 1. Whenever a person residing in this State fails to provide
for the support of any other person wherever resident to whom
the duty of support is owed under any law of this State or would
be owed if such other person were a resident of this State, the
circuit, corporation or hustings court of the county or city of
residence of the person to whom the duty is owed (hereinafter
referred to as court of this State), where applicable upon petition
of the person to whom the duty is owed or of any public agency
assisting in the support of such person, and the procedure thereon
shall conform to the procedure as in divorce cases. After a hearing
the court or judge may make such orders for support as justice
requires. All proceedings shall be in the nature of civil proceed-
ings but the attorney for the Commonwealth shall appear therein
in the interest of the petitioner and of the public which is being or
may be called upon to assist the person in need of support.

§ 2. Whenever the person to whom the duty of support is owed
resides in another State, the petition may be filed in the court of
the State of residence having jurisdiction over petitions for support,
and upon a certification by a judge thereof that the petitioner
appears to be in need of support, the clerk of such court may send
an attested copy of the petition to the clerk of the court of this
State of the county or city in this State in which the petitionee
resides. The clerk of such court shall file the petition and shall
forthwith notify the attorney for the Commonwealth of such county
or city thereof.

§ 3. Whenever the person who owes the duty to support
resides in another State, the petition may be filed in the court of
this State of the county or city in which the petitioner resides, and
upon the entry by the judge thereof of an order to the effect that
the petitioner appears to be in need of support, the clerk of such
court shall send an attested copy of the petition to the clerk of the
court of the State having jurisdiction of petitions for support,
within whose jurisdiction the petitionee resides.

§ 4. Upon motion, and notice to the petitionee and to the
attorney for the Commonwealth of the county or city, or upon a new
petition by either party and like procedure thereon, the court may
modify and revise its orders and decrees from time to time.

§ 5. At any time after the filing of a petition for support, and
before final hearing, the court of this State or of such other State
may, on satisfactory affidavits or other proofs, order a temporary
allowance to be paid to or for the petitioner, pending a hearing
on the merits of the petition.

§ 6. Upon such petition an attachment of the petitionee’s
property may be made upon compliance with the statutes of this
State.

§ 7. Proceedings hereunder shall conform to the rules of
practice and procedure and the rules of evidence applicable to other
like proceedings in courts of this State. The court shall hear the
case and admit such evidence as will promote the ends of justice.
Interrogatories and depositions may be admitted as provided by law.

§ 8. Any final order for support made by the court shall not
be vacated by an appeal, but shall continue in effect until the
appeal is decided, and thereafter if the appeal is denied, until
changed by further order of the court.

§ 9. The remedies afforded by this act shall be cumulative and
in addition to other remedies provided by law.

§ 10. It shall be the duty of the attorney for the Common-
wealth to represent the petitioner in any petition filed under this
act, and all costs incurred shall be paid as ordered by the court.

§ 11. This act shall be so interpreted and construed as to
effectuate its purposes. In construing the same the laws of those
states which have similar enactments shall be considered.