Rule 8:4.Service of Process - Motion to Reduce Support Arrearages to Judgment.
Part Eight: Juvenile and Domestic Relations District Courts · Last amended 2021 · Last verified July 16, 2026
Full Text of Rule 8:4
Plain-English Summary
A motion to enter judgment for support arrearages under Code § 16.1-278.18 has to reach the respondent, and this rule gives two routes. The first is the ordinary service machinery of Code §§ 8.01-296, 8.01-327 and 8.01-329. The second is a combination the rule permits in the alternative: certified mail, return receipt requested, together with first class mail.
The second half addresses the party who cannot be found. On a sufficient showing that a diligent effort was made to ascertain a party’s location, that party may be served with any required notice by delivering the written notice to the residential or business address on file with the court under Code § 20-60.3 or with the Department of Social Services — or, if that address has changed, the one shown in the Department’s records.
The structure rewards keeping an address current and prevents an arrearage motion from stalling because a respondent has moved without telling anyone. The showing of diligence is what unlocks it; the rule does not allow address-of-record service as a first resort.
Frequently Asked Questions
How is a motion to reduce support arrearages to judgment served?
Under Code §§ 8.01-296, 8.01-327 or 8.01-329 — or, alternatively, by both certified mail, return receipt requested, and first class mail.
What happens if the respondent cannot be located?
On a sufficient showing that a diligent effort was made to ascertain the party’s location, notice may be delivered to the residential or business address filed with the court under Code § 20-60.3 or with the Department of Social Services, or the changed address shown in the Department’s records.
Is a diligence showing required before using the address of record?
Yes. The rule conditions that method on a sufficient showing that a diligent effort was made to ascertain the location of the party.
Does certified mail alone satisfy the rule?
No. The alternative method requires both certified mail, return receipt requested, and first class mail.
Which statute authorizes the underlying motion?
Code § 16.1-278.18, which allows entry of judgment for support arrearages.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.