A. Before making a demand that the governor of another state surrender an individual charged criminally in the Commonwealth with having failed to provide for the support of an obligee, the Governor of the Commonwealth may require a prosecutor of the Commonwealth to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
B. If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the Governor of the Commonwealth surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
C. If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.
1994, c. 673; 2005, c. 754.
Structure Code of Virginia
Chapter 5.3 - Uniform Interstate Family Support Act
§ 20-88.32:1. Uniformity of application and construction
§ 20-88.33. Tribunals of the Commonwealth and support enforcement agency
§ 20-88.34. Remedies cumulative
§ 20-88.34:1. Application of chapter to resident of foreign country and foreign support proceeding
§ 20-88.35. Bases for jurisdiction over nonresident
§ 20-88.36. Duration of personal jurisdiction
§ 20-88.37. Initiating and responding tribunal of the Commonwealth
§ 20-88.38. Simultaneous proceedings in another state
§ 20-88.39. Continuing, exclusive jurisdiction to modify child support order
§ 20-88.40. Continuing jurisdiction to enforce child support order
§ 20-88.41. Determination of controlling child support order
§ 20-88.42. Child support orders for two or more obligees
§ 20-88.43. Credit for payments
§ 20-88.43:1. Application to nonresident subject to personal jurisdiction
§ 20-88.43:2. Continuing, exclusive jurisdiction to modify spousal support order
§ 20-88.44. Proceedings under this chapter
§ 20-88.45. Action by minor parent
§ 20-88.46. Application of law of the Commonwealth
§ 20-88.47. Duties of initiating tribunal
§ 20-88.48. Duties and powers of responding tribunal
§ 20-88.49. Inappropriate tribunal
§ 20-88.50. Duties of support enforcement agency
§ 20-88.51. Duty of Secretary of Health and Human Resources
§ 20-88.53. Duties of state information agency
§ 20-88.54. Pleadings and accompanying documents
§ 20-88.55. Nondisclosure of information in exceptional circumstances
§ 20-88.57. Limited immunity of petitioner
§ 20-88.58. Nonparentage as defense
§ 20-88.59. Special rules of evidence and procedure
§ 20-88.60. Communications between tribunals
§ 20-88.61. Assistance with discovery
§ 20-88.62. Receipt and disbursement of payments
§ 20-88.63. Establishment of support order
§ 20-88.63:1. Proceeding to determine parentage
§ 20-88.64. Employer's receipt of income-withholding order of another state
§ 20-88.64:1. Employer's compliance with income-withholding order of another state
§ 20-88.64:2. Compliance with two or more income-withholding orders
§ 20-88.64:3. Immunity from civil liability
§ 20-88.64:4. Penalties for noncompliance
§ 20-88.64:5. Contest by obligor
§ 20-88.65. Administrative enforcement of orders
§ 20-88.66. Registration of order for enforcement
§ 20-88.67. Procedure to register order for enforcement
§ 20-88.68. Effect of registration for enforcement
§ 20-88.69. Choice of law; statute of limitations
§ 20-88.70. Notice of registration of order; contest of validity or enforcement
§ 20-88.71. Procedure to contest validity or enforcement of registered support order
§ 20-88.72. Contest of registration or enforcement
§ 20-88.74. Procedure to register child support order of another state for modification
§ 20-88.75. Effect of registration for modification
§ 20-88.76. Modification of child support order of another state
§ 20-88.77. Recognition of order modified in another state
§ 20-88.77:2. Notice to issuing tribunal of modification
§ 20-88.77:3. Jurisdiction to modify child support order of foreign country
§ 20-88.77:4. Procedure to register child support order of foreign country for modification
§ 20-88.79. Grounds for rendition
§ 20-88.80. Conditions of rendition
§ 20-88.85. Relationship of Department of Social Services to United States central authority
§ 20-88.86. Initiation by Department of Social Services of support proceeding under convention
§ 20-88.88. Registration of Convention support order
§ 20-88.89. Contest of registered convention support order
§ 20-88.90. Recognition and enforcement of registered convention support order
§ 20-88.91. Partial enforcement
§ 20-88.92. Foreign support agreement
§ 20-88.93. Modification of Convention child support order
§ 20-88.94. Personal information; limit on use
§ 20-88.95. Record in original language; English translation