CHAPTER 76

An Act to amend and reenact § 20-79 of the Code of Virginia, relating to
the effect of divorce proceedings upon the jurisdiction of certain courts
as to alimony, support and custody.

[H 69]

Approved February 24, 1960

Be it enacted by the General Assembly of Virginia:
aT That § 20-79 of the Code of Virginia be amended and reenacted as

ollows:

§ 20-79. (a) In any case where an order has been entered under
the provisions of this chapter, directing a husband to pay any sum or
sums of money for the support of his wife, or concerning the care, custody
or maintenance of any child, or children, the jurisdiction of the court
which entered such order shall cease and its orders become inoperative
upon the entry of a decree by the court or the judge thereof in vacation
in a suit for divorce instituted in any court of record having jurisdiction
thereof, in which decree provision is made for alimony or support money
for the wife or concerning the care, custody or maintenance of a child or
children, or concerning any matter provided in a decree in the divorce
proceedings in accordance with the provisions of § 20-103.

(b) In any suit for divorce the court in which same is instituted or
pending, when either party to the proceedings so requests, shall provide
an its decree for the maintenance, support, care or custody of the child or
children, alimony if the same be sought, and counsel fees and other costs,
if mn the judgment of the court any or all of the foregoing should be so

ecreed.

(c) Provided, that in any suit for divorce should the husband or
father, as the case may be, be out of or leave the State and fail to support
his wife, child or children or fail to comply with any order or decree of
such court of record for the support of his wife, child or children, such
court may, upon the motion of counsel for such wife, child or children,
thereupon abate and dismiss such suit insofar as the same may pertain
to or provide for the payment of alimony, maintenance or support for
wife, child or children with right of such wife, child or children to proceed
against such husband or father, as the case may be, in the criminal courts
of this State, including * municipal courts, * county courts and juvenile
and domestic relations courts of the Commonwealth as fully and to the
same extent as if the divorce suit had never been instituted.