# Virginia — Filial responsibility laws by state — what each statute actually says about an adult child's liability for a parent's care For Virginia, statute is § 20-88; who owes the duty is the joint and several duty of all persons eighteen years of age or over, of sufficient earning capacity or income, after reasonably providing for his or her own immediate family, to assist in providing for the support and maintenance of his or her mother or father; condition on the parent is he or she being then and there in necessitous circumstances; ability-to-pay qualifier is of sufficient earning capacity or income, after reasonably providing for his or her own immediate family; civil or criminal is both, recorded from its source on 2026-08-31. - **State:** Virginia _(our reading, not quoted from the source)_ - **Statute:** § 20-88 _(verified: appears in the quote below)_ - **Who owes the duty:** the joint and several duty of all persons eighteen years of age or over, of sufficient earning capacity or income, after reasonably providing for his or her own immediate family, to assist in providing for the support and maintenance of his or her mother or father _(verified: appears in its own passage below)_ - **Condition on the parent:** he or she being then and there in necessitous circumstances _(verified: appears in its own passage below)_ - **Ability-to-pay qualifier:** of sufficient earning capacity or income, after reasonably providing for his or her own immediate family _(verified: appears in its own passage below)_ - **Civil or criminal:** both _(our reading, not quoted from the source)_ - **Penalty:** shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $500 or imprisonment in jail for a period not exceeding twelve months or both _(verified: appears in its own passage below)_ - **Who may bring the action:** upon the complaint of any party or on its own motion, compel contribution by that person to any person or authority which has theretofore contributed to the support or maintenance of the parent or parents _(verified: appears in its own passage below)_ - **Defences in the statute:** This section shall not apply if there is substantial evidence of desertion, neglect, abuse or willful failure to support any such child by the father or mother, as the case may be, prior to the child's emancipation or, except as provided hereafter in this section, if a parent is otherwise eligible for and is receiving public assistance or services under a federal or state program. _(verified: appears in its own passage below)_ - **Limited to public assistance cases:** extends beyond public charge _(our reading, not quoted from the source)_ ## What the source says > § 20-88. Support of parents by children. It shall be the joint and several duty of all persons eighteen years of age or over, of sufficient earning capacity or income, after reasonably providing for his or her own immediate family, to assist in providing for the support and maintenance of his or her mother or father, he or she being then and there in necessitous circumstances. If there be more than one person bound to support the same parent or parents, the persons so bound to support shall jointly and severally share equitably in the discharge of such duty. ## Where each value comes from This source states these in separate places, so each value is shown with the passage that states it. ### Who owes the duty > § 20-88. Support of parents by children. It shall be the joint and several duty of all persons eighteen years of age or over, of sufficient earning capacity or income, after reasonably providing for his or her own immediate family, to assist in providing for the support and maintenance of his or her mother or father, he or she being then and there in necessitous circumstances. ### Condition on the parent > to assist in providing for the support and maintenance of his or her mother or father, he or she being then and there in necessitous circumstances. ### Ability-to-pay qualifier > It shall be the joint and several duty of all persons eighteen years of age or over, of sufficient earning capacity or income, after reasonably providing for his or her own immediate family, to assist in providing for the support and maintenance of his or her mother or father ### Civil or criminal > the court having jurisdiction shall have the power to determine and order the payment, by such person or persons so bound to support, of that amount for support and maintenance which to the court may seem just. Where the court ascertains that any person has failed to render his or her proper share in such support and maintenance it may, upon the complaint of any party or on its own motion, compel contribution by that person to any person or authority which has theretofore contributed to the support or maintenance of the parent or parents. ### Penalty > Any person violating the provisions of an order entered pursuant to this section shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $500 or imprisonment in jail for a period not exceeding twelve months or both. ### Who may bring the action > Where the court ascertains that any person has failed to render his or her proper share in such support and maintenance it may, upon the complaint of any party or on its own motion, compel contribution by that person to any person or authority which has theretofore contributed to the support or maintenance of the parent or parents. ### Defences in the statute > This section shall not apply if there is substantial evidence of desertion, neglect, abuse or willful failure to support any such child by the father or mother, as the case may be, prior to the child's emancipation or, except as provided hereafter in this section, if a parent is otherwise eligible for and is receiving public assistance or services under a federal or state program. ### Limited to public assistance cases > Where the court ascertains that any person has failed to render his or her proper share in such support and maintenance it may, upon the complaint of any party or on its own motion, compel contribution by that person to any person or authority which has theretofore contributed to the support or maintenance of the parent or parents. ## Source - https://law.lis.virginia.gov/vacode/title20/chapter5/section20-88/ Last verified: 2026-08-31. Review by: 2027-08-31. Part of [Filial responsibility laws by state — what each statute actually says about an adult child's liability for a parent's care](https://referencesource.org/filial-responsibility-laws-by-state/).