A decree, order or judgment for support and maintenance of a spouse or of infant children of the parties payable in future installments or a monetary award for future installments as provided for in § 20-107.3, shall be a lien upon such real estate of the obligor as the court shall, from time to time, designate by order or decree. An order after reasonable notice to the obligor adjudicating that the obligor is delinquent, shall be a lien on the obligor's real estate. Liens under this section shall arise when duly docketed in the manner prescribed for the docketing of other judgments for money; however, no such decree, order or judgment for support and maintenance or for a monetary award in accordance with § 20-107.3 shall be docketed unless so ordered by the court in such decree, order or judgment. On petition by any interested person and after reasonable notice to the obligee, the court in which the obligor was adjudicated delinquent may order the release or other modification of such lien.
The lien may also be released upon agreement of all persons for whom support and maintenance is ordered under the decree, order or judgment, provided all such persons are sui juris. The clerk shall note the release on the record upon receipt of an affidavit from all the obligees stating that (i) all the obligees are sui juris and (ii) they agreed to the release of the lien on specified real property. Any lien created pursuant to this section shall expire upon the support obligation being paid in full by the obligor. The clerk may release such liens upon receipt of an affidavit of all the obligees that such support obligation has been paid in full, or upon an order or decree of a court of competent jurisdiction.
Code 1950, § 8-388; 1977, c. 617; 1979, c. 496; 1985, c. 529; 1989, c. 8.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
Chapter 17 - Judgments and Decrees Generally
§ 8.01-426. "Judgment" includes decree
§ 8.01-427. Persons entitled under decree deemed judgment creditors; execution on decree
§ 8.01-429. Action of appellate court when there might be redress under § 8.01-428
§ 8.01-430. When final judgment to be entered after verdict set aside
§ 8.01-431. Judgment or decree by confession in pending suit
§ 8.01-432. Confession of judgment irrespective of suit pending
§ 8.01-433. Setting aside judgments confessed under § 8.01-432
§ 8.01-433.1. Notice of confession of judgment provision
§ 8.01-434. Lien of such judgments
§ 8.01-435. Who may confess judgment
§ 8.01-436. Form of confession of judgment
§ 8.01-437. Endorsement of clerk thereon
§ 8.01-438. When judgment confessed by attorney-in-fact copy to be served on judgment debtor
§ 8.01-439. Filing of records by clerk
§ 8.01-440. Docketing and execution
§ 8.01-441. When judgment confessed by virtue of power of attorney invalid
§ 8.01-443. Joint wrongdoers; effect of judgment against one
§ 8.01-444. Where new parties added; if some not liable, how judgment entered
§ 8.01-445. Distinction between term and vacation abolished; effect of time
§ 8.01-446. Clerks to keep judgment dockets; what judgments to be docketed therein
§ 8.01-446.1. Keeping of docket books by clerk of court using micrographic process; form
§ 8.01-447. Docketing of judgments and decrees of United States courts
§ 8.01-448. Attorney General, etc., to have judgments in favor of Commonwealth docketed
§ 8.01-449. How judgments are docketed
§ 8.01-452. Entry of assignment of judgment on judgment lien docket
§ 8.01-452.1. Disposal of exhibits in civil cases
§ 8.01-453. When and how payment or discharge entered on judgment docket
§ 8.01-454. Judgment, when satisfied, to be so noted by creditor
§ 8.01-455. Court, on motion of defendant, etc., may have payment of judgment entered
§ 8.01-456. Satisfaction of judgment when judgment creditor cannot be located
§ 8.01-458. From what time judgment to be a lien on real estate; docketing revived judgment
§ 8.01-459. Priority of judgments
§ 8.01-461. Abstracts of judgments
§ 8.01-462. Jurisdiction of equity to enforce lien of judgment; when it may decree sale
§ 8.01-463. Enforcement of lien when judgment does not exceed $25,000
§ 8.01-464. Order of liability between alienees of different parts of estate
§ 8.01-465. Chapter embraces recognizances and bonds having force of judgment