6.2 Jurisdiction

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

6.2 JURISDICTION

6.201 Juvenile and Domestic Relations District Court. The juvenile and domestic relations district court has jurisdiction to hear original actions for spousal support where spouses have separated. ³ A decision of the juvenile and domestic relations district court is not res judicata in any subsequent action for spousal support in a circuit court.

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The juvenile and domestic relations district court has jurisdiction to make initial determinations regarding child support in cases filed in that court. ⁴ The court also has jurisdiction over several other petitions related to the support of a child, such as petitions to modify or enforce its orders, petitions to enforce administrative support orders, petitions to determine parentage, and petitions charging individuals with the criminal offense of failing to provide support in violation of law.

The juvenile and domestic relations district court also may share concurrent jurisdiction with the circuit court concerning issues of support and maintenance of a spouse and maintenance, support, care, and custody of the child or children. ⁵ Paragraph 6.203 below describes the circumstances under which the two courts share concurrent jurisdiction and the types of issues that may be determined by the juvenile and domestic relations district court.

6.202 Circuit Court. Circuit court jurisdiction in spousal support and child support matters may be obtained in the following ways:

A. Appeal From Juvenile and Domestic Relations District Court. An appeal from a decision of the juvenile and domestic relations district court goes to the circuit court, where the case is tried de novo. ⁶ The procedure conforms to equity practice, and evidence is heard ore tenus. The burden of proof is on the petitioning party, which may not be the appellant. On appeal, the circuit court can exercise "all the powers and authority" given to the juvenile and domestic relations district court in the disposition of the case. ⁷

B. Incidental to Divorce and Other Proceedings. The circuit court may enter decrees concerning spousal support and child support upon:

1.	Decreeing the dissolution of a marriage;
2.	Decreeing a divorce from bed and board;
3.	Decreeing a divorce from the bond of matrimony;

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4.	Decreeing that neither party is entitled to a divorce; or
5.	Decreeing separate maintenance. 8

The circuit court also may transfer matters related to spousal support or child support to the juvenile and domestic relations district court pursuant to section 20-79(c) of the Virginia Code. ⁹ Nevertheless, the court has no authority to decree spousal support payable by the estate of a deceased spouse.

C. Action for Separate Maintenance. An independent action for "separate maintenance" is an equitable claim within the jurisdiction of the circuit court. ¹⁰ This is a common law action that recognizes that a court of equity has the inherent power to award separate maintenance to a spouse independent of any statutory powers. ¹¹ The suit for separate maintenance does not share the jurisdictional requirements of a divorce suit. Neither party need be domiciled in the state for any length of time before commencing the suit, because the cause of action is a transitory one. ¹² In an action for separate maintenance, the circuit court may also grant an award of child support if it...