CHAPTER 665

An Act to amend and reenact § 20-88, as amended, of the Code of Virginia,
relating to support of parents by children. rH 408]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 20-88, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 20-88. Support of parents by children.—It shall be the joint and
several duty of all persons seventeen years of age or over, of sufficient
earning capacity or income, after reasonably providing for his own
immediate family, to provide or assist in providing for the support and
maintenance of his or her mother or aged or infirm father, he or she being
then and there in necessitous circumstances.

If there be more than one person bound to support the same parent
or parents, the persons so bound to support shall jointly and severally
share equitably in the discharge of such duty. Taking into consideration
the needs of the parent or parents and the circumstances affecting the
ability of each person to discharge the duty of support, the court having
jurisdiction shall have the power to determine and order the payment,
by such person or persons so bound to support, of that amount for support
and maintenance which to the court may seem just. Where the court
ascertains that any person has failed to render his proper share in such
support and maintenance it may, upon the complaint of any party or on its
own motion, compel contribution by that person to any person or authority
which has theretofore contributed to the support or maintenance of the
parent or parents. The court may from time to time revise the orders
entered by it or by any other court having jurisdiction under the pro-
visions of this section, in such manner as to it may seem just.

Where such courts have been or shall be established, the juvenile and
domestic relations court shall have exclusive original jurisdiction in all
cases arising under this section. Where no such courts have been estab-
lished, jurisdiction for the enforcement of this section shall be vested in
the corporation or hustings courts in cities and in the circuit courts of
the counties. The person accused, or whose estate is to be subjected, shall
have the same right of appeal as is provided by law in other cases.

All proceedings under this section shall conform as nearly as possible
to the proceedings under the other provisions of this chapter, and the
other provisions of this chapter shall apply to cases arising under this
section in like manner as though they were incorporated in this section.
Prosecutions under this section shall be in the jurisdiction where the
parent or parents reside.
_ his section shall not apply if there is substantial evidence of deser-
tion, neglect, abuse or willful failure to support any such child by the
father or mother, as the case may be, prior to the child’s emancipation.

Any person violating the provisions of this section shall be guilty
of a misdemeanor, and on conviction thereof shall be punished by a fine
not exceeding five hundred dollars or imprisonment in jail for a period
not exceeding twelve months, or both.