CHAPTER 516

An Act to amend the Code of Virginia by adding in Title 20 a Chapter
numbered 5.2 containing §§ 20-88.12 through 20-88.31, relating to
duty of support and civil and criminal enforcement thereof; and to
repeal Chapter 5.1 of Title 20, containing §§ 20-88.1 through 20-88.11,
relating to same matters.

[H 366]

Approved April 2, 1952

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 20 a
Chapter numbered 5.2 containing §§ 20-88.12 through 20-68. 31, as follows:

Chapter 5.2
Uniform Reciprocal Enforcement of Support Act
Article 1. General Provisions

§ 20-88.12. Purposes.—The purposes of this act are to improve and
extend by reciprocal legislation the enforcement of duties of support and
to make uniform the law with respect thereto.

§ 20-88.13. Definitions—As used in this act unless the context
requires otherwise,

(1) “State” includes any state, territory or possession of the United
States and the District of Columbia in which this or a substantially
similar reciprocal law has been enacted.

(2) “Initiating state” means any state in which a proceeding pursuant
to this or a substantially similar reciprocal law is commended.

(3) “Responding state” means any state in which any proceeding
pursuant to the proceeding in the-initiating state is or may be commenced.

(4) “Court” means a circuit, corporation or hustings court, or
juvenile and domestic relations court of this State and when the context
requires, means the court of any other state as defined in a substantially
similar reciprocal law.

(5) “Law” includes both common and statute law.

(6) “Duty of support” includes any duty of support imposed or
imposable by law, or by any court order, decree or judgment, whether
interlocutory or final, whether incidental to a proceeding for divorce,
judicial legal separation, separate maintenance or otherwise.

(7) “Obligor” means any person owing a duty of support.

(8) “Obligee” means any person to whom a duty of support is owed.

§ 20-88.14. Remedies additional to those now existing.—The reme-
dies herein provided are in addition to and not in substitution for any other
remedies.

§ 20-88.15. Extent of duties of support.—The duty of support im-
posed by the laws of this State or by the laws of the state where the
obligee was present when the failure to support commenced as provided
in § 20-88.18 and the remedies provided for enforcement thereof, including
any penalty imposed thereby, bind the obligor regardless of the presence
or residence of the obligee.
§ 20-88.16. Interstate rendition—The Governor of this State (1)
may demand from the Governor of any other state the surrender of any
person found in such other state who is charged in this State with the
crime of failing to provide for the support of any person in this State and
(2) may surrender on demand by the Governor of any other state any
person found in this State who is charged in such other state with the
crime of failing to provide for the support of a person in such other state.
The provisions for extradition of criminals not inconsistent herewith shall
apply to any such demand although the person whose surrender is
demanded was not in the demanding state at the time of the commission
of the crime and although he had not fled therefrom. Neither the demand,
the oath nor any proceedings for extradition pursuant to this section need
state or show that the person whose surrender is demanded has fled from
justice, or at the time of the commission of the crime was in the demanding
or the other state.

§ 20-88.17. Relief from the above provisions.—Any obligor contem-
plated by § 20-88.18 who submits to the jurisdiction of the court of such
other state and complies with the court’s order of support, shall be
relieved of extradition for desertion or nonsupport entered in the courts
of this State during the period of such compliance.

| Article 3. Civil Enforcement

§ 20-88.18. What duties are enforceable.—Duties of support enforce-
able under this law are those imposed or imposable under the laws of any
state where the obligor was present during the period for which support
is sought or where the obligee was present when the failure to support
commenced, at the election of the obligee.

§ 20-88.19. Remedies of a state or political subdivision thereof fur-
nishing support.—Whenever the State or a political subdivision thereof
has furnished support to an obligee it shall have the same right to invoke
the: provisions hereof as the obligee to whom the support was furnished
for the purpose of securing reimbursement of expenditures so made.

§ 20-88.20. How duties of support are enforced.—All duties of sup-
port are enforceable by petition irrespective of relationship between the
obligor and obligee. Jurisdiction of all proceedings hereunder shall be
vested in the circuit or corporation court, or juvenile and domestic rela-
tions court, of the county or city in which the obligee resides, or where
the duty of support last arose, at the option of the obligee.

§ 20-88.21. Contents of petition for support.—The petition shall be
verified and shall state the name and, so far as known to the petitioner,
the address and circumstances of the defendant and his dependents for
whom support is sought and all other pertinent information.

§ 20-88.22. Duty of court of this State as initiating state—If the
court of this State acting as an initiating state finds that the petition sets
forth facts from which it may be determined that the defendant owes a
duty of support and that a court of the responding state may obtain juris-
diction of the defendant or his property, it shall so certify and shall cause
certified copies of the petition, the certificate and an authenticated copy
of this act to be transmitted to the court of the responding state.

§ 20-88.23. Duty of the court of this State as responding state.——
When the court of this State receives from the court of an initiating state
the aforesaid copies, it shall (1) docket the cause, (2) notify the official
charged with the duty of carrying on the proceedings and (3) set a time
and place for a hearing.

§ 20-88.24. Order of support.—If the court of the responding state
finds a duty of support, it may order the defendant to furnish support or
reunuursement therefor and subject the property of the defendant to
such order. |
§ 20-88.25. Responding state to transmit copies to initiating state-—
The court of this State when acting as a responding state shall cause to
be transmitted to the court of the initiating state a copy of all orders of
support or orders for reimbursement therefor.

§ 20-88.26. Additional powers of court.—In addition to the fore-
going powers, the court of this State when acting as the responding state
has the power to subject the defendant to such terms and conditions as the
court may deem proper to assure compliance with its orders and in
particular:

(a) To require the defendant to furnish recognizance in the form of
a cash deposit or bond of such character and in such amount as the court
may deem proper to assure payment of any amount required to be paid
by the defendant.

(b) To require the defendant to make payments at specified intervals
to the clerk of the court or the obligee and to report personally to such
clerk at such times as may be deemed necessary.

(c) To punish a defendant who violates any order of the court to the
same extent as is provided by law for contempt of the court in any other
suit or proceeding cognizable by the court.

§ 20-88.27. Additional duties of the court of this State when acting
as a responding state.—The court of this State when acting as a responding
state shall have the following duties which may be carried out through the
clerk of the court:

(a) Upon the receipt of a payment made by the defendant pursuant
to any order of the court or otherwise, to transmit the same forthwith to
the court of the initiating state, and

(b) Upon request to furnish to the court of the initiating state a
certified statement of all payments made by the defendant.

§ 20-88.28. Additional duty of the court of this State when acting
as an initiating state-——The court of this State when acting as an initiating
state shall have the duty which may be carried out through the clerk of
the court to receive and disburse forthwith all payments made by the
defendant or transmitted by the court of the responding state.

§ 20-88.29. Evidence of husband and wife.—Laws attaching a privi-
lege against the disclosure of communications between husband and wife
are inapplicable to proceedings under this act. Husband and wife are
competent witnesses as to any relevant matter, including marriage and
parentage.

§ 20-88.30. Rules of evidence.—In any hearing under this law, the
court shall be bound by the same rules of evidence that bind the courts
of record of this State.

§ 20-88.31. This chapter may be designated and cited as the Uniform
Reciprocal Enforcement of Support Act.

2. If any provision hereof or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provi-
sions or applications of the act which can be given effect without the
invalid provision or application, and to this end the provisions of this act
are declared to be severable.

3. Chapter 5.1 of Title 20, of the Code of Virginia, containing sections
numbered 20-88.1 through 20-88.11, inclusive, are hereby repealed.