Before the trial, with the consent of the defendant, or at the trial on entry of a plea of guilty, or after conviction, instead of imposing the penalties hereinbefore provided, or in addition thereto, the judge, in his discretion, having regard to the circumstances of the case and to the financial ability or earning capacity of the defendant, shall have the power to make an order, directing the defendant to pay a certain sum or a certain percentage of his or her earnings periodically, either directly or through the court to the spouse or to the guardian, curator or custodian of such minor child or children, or to an organization or individual designated by the court as trustee, and to suspend sentence and release the defendant from custody on probation, upon his or her entering into a recognizance with or without surety, in such sum as the court may order and approve.
Code 1919, § 1939; 1932, p. 466; 1940, p. 476; 1952, c. 692; 1974, c. 464.
Structure Code of Virginia
Chapter 5 - Desertion and Nonsupport
§ 20-61. Desertion or nonsupport of wife, husband or children in necessitous circumstances
§ 20-61.3. Consequences of a putative father failing to appear
§ 20-62. Commitment to workhouse, city farm or work squad for such desertion
§ 20-63. Support payments by county or city
§ 20-64. Proceedings instituted by petition
§ 20-65. Summons or warrant; investigation and hearing
§ 20-66. Contempt proceedings; trial in absence of defendant
§ 20-70. No warrant of arrest to issue
§ 20-71. Temporary orders for support
§ 20-71.1. Attorneys' fees in proceedings under § 20-71
§ 20-72. Probation on order directing defendant to pay and enter recognizance
§ 20-73. Condition of the recognizance
§ 20-74. Support orders to remain in effect until annulled; modification
§ 20-75. Procedure when accused outside territorial jurisdiction
§ 20-78. Continuance of failure to support after completion of sentence
§ 20-78.1. Effect of entry of support order in certain garnishment proceedings
§ 20-78.2. Attorney fees and interest on support arrearage
§ 20-79. Effect of divorce proceedings
§ 20-79.1. Enforcement of support orders; income deduction; penalty for wrongful discharge
§ 20-79.2. Immediate income deduction; income withholding
§ 20-79.3. Information required in income deduction order
§ 20-80. Violation of orders; trial; forfeiture of recognizance
§ 20-81. Presumptions as to desertion and abandonment
§ 20-82. Spouses competent as witnesses
§ 20-83.1. Transfer of cases between courts in certain instances
§ 20-87. Arrest for violating directions, rules or regulations given by judge
§ 20-88. Support of parents by children
§ 20-88.02. Transfer of assets to qualify for assistance; liability of transferees