6.11 Appeals from the Juvenile and Domestic Relations District Court

• Library: Virginia Family Law: A Systematic Approach (Virginia CLE) (2018 Ed.)

6.11 APPEALS FROM THE JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT

An appeal of a child support order of a juvenile and domestic relations district court must be taken to the circuit court within 10 days from the entry of a final judgment, order, or conviction and must be heard de novo. ¹⁹³ In a case arising under the Uniform Interstate Family Support Act, ¹⁹⁴ a party may take an appeal within 30 days from entry of a final order or judgment. ¹⁹⁵ An order for support entered by a juvenile and domestic relations district court is not automatically suspended upon the filing of an appeal to the circuit court. ¹⁹⁶

If there is a support arrearage, the order should specify the amount owed. ¹⁹⁷ In appeals from orders in which a support arrearage has been established, the appellant, within 30 days from the entry of the final judgment or order, must post a bond sufficient to satisfy the amount of the arrearage. ¹⁹⁸ A convict, however, as a "person under a disability," is exempted from the requirement to post an appeal bond in a child support case. ¹⁹⁹ Application of this bond requirement has been strictly construed, ²⁰⁰ but where the court has failed to require a bond or there is a defect in the bond, section 16.1-109(B) of the Virginia Code provides some relief. A district court's order may contain determination of an arrearage and an additional determination, such as a finding of contempt. Where a party seeks to challenge a provision...