Jerry Wayne Scheib v. Sara Sue Scheib

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Annunziata and Overton
Argued at Richmond, Virginia
JERRY WAYNE SCHEIB
MEMORANDUM OPINION * BY
v. Record No. 0962-96-2 JUDGE NELSON T. OVERTON
JANUARY 28, 1997
SARA SUE SCHEIB
FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY
William R. Shelton, Judge
Charles E. Powers (Edward D. Barnes; Edward
D. Barnes & Associates, P.C., on briefs), for
appellant.
Richard L. Locke (Mezzullo & McCandlish, on
brief), for appellee.
Jerry Wayne Scheib (husband) appeals an order entered in the
Circuit Court of Chesterfield County commanding his extradition
from Tennessee due to his failure to pay child support, pursuant
to Code § 20-84. He contends that the circuit court did not have
the authority to order his extradition under this statute
section. We agree, and we reverse.
The parties are fully conversant with the record in the
cause, and because this memorandum opinion carries no
precedential value, no recitation of the facts is necessary.
Husband lives in Tennessee, and has lived there continuously
since before his divorce from Sara Sue Scheib (wife). After the
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
divorce, wife filed a Motion to Show Cause in the circuit court
alleging that husband had failed to comply with various
provisions of the final divorce decree, including failure to pay
support. The judge found husband in contempt. 1 Husband did not
appear at the hearing to determine sanctions for the contempt,
and the judge issued a capias, stating that the case was a proper
one for extradition under Code § 20-84.
Section 20-84 provides for the extradition of persons who
leave the Commonwealth with the intention of abandoning or
deserting a spouse or children or failing to support them. It is
contained in Chapter 5 of Title 20 of the Code. "Proceedings
under this chapter shall be had in the juvenile and domestic
relations district courts . . . ." Code § 20-67. The proceeding
in this case was before the circuit court, not the juvenile and
domestic relations court. Because the circuit court did not have
the authority to order extradition, that part of the order is
reversed.
If the parties choose to pursue the matter further, the
juvenile and domestic relations court must determine whether the
case is indeed a proper one for extradition under Code § 20-84.
Reversed and dismissed.
1
For the purposes of this opinion, we assume without
deciding that this is a criminal punishment.
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