6.4 Pleading

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

6.4 PLEADING

6.401 Juvenile and Domestic Relations District Court. Special pleading requirements apply to actions for spousal support or child support in the juvenile and domestic relations district court. Pursuant to Rule 8:3(c) of the Rules of the Supreme Court of Virginia, the petition must contain the following:

		1.	The name and residential address of the person seeking support;
2.	The name and residential address of the person from whom support is sought;
3.	The name, date of birth, and residential address of the person or persons for whom support is sought and the relationship of that person or those persons to the respondent;
4.	A statement whether the Division of Child Support Enforcement is involved in the case;
5.	If child support is at issue, a statement whether the petitioner and respondent are presently or have ever been married to each other and, if not, whether paternity has ever been adjudicated;
6.	If child support is at issue, a statement whether the child's custody has been adjudicated;
7.	If known, the following information must also be provided:
a.	the name and date of birth of each parent or spouse
b.	if different, the name and date of birth of the person responsible for support; and

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		c.	unless otherwise ordered:
(i)	the parent, spouse, and/or responsible person's residential address, including the mailing address, if different;
(ii)	the residential and employer telephone numbers;
(iii)	the driver's license number of each; and
(iv)	the name and address of the employer of each parent and/or responsible party. 30
8.	As an attachment, a copy of the most recent court order, if any, concerning support of the person for whom support is sought; and
9.	A statement whether either or both parents hold a license, certificate, registration, or other authorization to engage in a profession, trade, business, occupation, or recreational activity issued by the commonwealth and, if so, the type of authorization held.

Rule 8:3(c) provides an exception to these pleading requirements in cases involving domestic violence. If a protective order has been issued or if a party asserts that the party is at risk of physical or emotional harm from the other party, no information other than the name of the party at risk is required in the petition. Even when the information is not provided in the petition, it must still be provided to the court, but the court must not...