Domestic Relations

P Passed

P HB2407
Child support; shared custody. Replaces the use of a specified number of days (110-day threshold) as an automatic trigger for shared custody, and changes the multiplier from 1.25 to 1.4 in order to allow a more gradual decrease in child support for any given number of days of visitation or custody, and thereby reduces the "cliff effect." The bill defines a "day" for shared custody purposes. This bill is a result of a study conducted by the Virginia Bar Association Coalition Committee on Family Law Legislation in response to HJR 141 (1998). The Committee issued a report (House Document 43, 1999). This bill is identical to SB 1085.
Patron - Barlow

P HB2658
Child support. Provides that the court may require the custodial parent to present documentation to verify costs incurred for employment-related child care when requested by the noncustodial parent in child support determinations.
Patron - Katzen

P SB1084
Custody and visitation; best interests of child. Requires the court to take into account each parent's ability to resolve disputes regarding matters affecting the child. The judge must also communicate to the parties the basis for the custody or visitation decision either orally or in writing.
Patron - Lambert

P SB1085
Child support; shared custody. Replaces the use of a specified number of days (110-day threshold) as an automatic trigger for shared custody, and changes the multiplier from 1.25 to 1.4 in order to allow a more gradual decrease in child support for any given number of days of visitation or custody, and thereby reduces the "cliff effect." The bill defines a "day" for shared custody purposes. This bill is a result of a study conducted by the Virginia Bar Association Coalition Committee on Family Law Legislation in response to HJR 141 (1998). The Committee issued a report (House Document 43). This bill is identical to HB 2407.
Patron - Gartlan

P SB1092
Effect of entry of support order in certain garnishment proceedings. Revises the Code provision allowing garnishments for child and spousal support when the United States is the third party. Presently, in order to garnish when the United States is liable, there must be a judgment of arrearage and the garnishment lapses after 180 days. The change eliminates the automatic lapse after 180 days and allows for garnishments to take place when there is a support order or decree. SB 1179 is incorporated in this bill.
Patron - Ticer


F Failed

F HB1505
Court may decree as to property of the parties. Adds decisions made during the marriage regarding educational, parenting, career, etc., choices to factors for the court to consider when dividing and valuing the marital property during divorce proceedings.
Patron - Darner

F HB1685
Parent education. Requires the court to order parents involved in custody and visitation cases to attend educational seminars on the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibility. The court may grant an exemption from participation for good cause shown.
Patron - Reid

F HB1776
Parent education. Requires parents involved in custody and visitation cases to attend educational seminars on the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution, financial responsibility and development of parenting plans. The court may grant an exemption from participation for good cause shown.
Patron - Katzen

F HB2165
Providing health information upon the issuance of a marriage license. Changes from a mandatory status to a permissive status the provision of health information by a person empowered to issue a marriage license. This health information is related to such topics as birth control, genetic disorders and family planning clinics.
Patron - Marshall

F HB2329
Domestic relations. Creates the Virginia Community Property Act to provide for disposition of property acquired by couples during marriage and designated as community property under an agreement or trust instrument.
Patron - McClure

F HB2527
Divorce. Prohibits no-fault divorce if the parties have minor children and either party files a written objection to the initial pleading within 21 days of service.
Patron - McClure

F HB2712
Marriage licenses. Requires the filing of a final court order of divorce as proof of the dissolution of previous marriages when applying for a marriage license.
Patron - Jones, D.C.

F HB2736
Covenant marriage. Authorizes a form of marriage in which the parties shall, before entering into such marriage, obtain premarital counseling and recite and sign a declaration of intent acknowledging that marriage is a lifelong relationship and pledging to obtain marital counseling should difficulties arise. Furthermore, in a covenant marriage, the time of separation necessary for parties to obtain a no-fault divorce is extended to two years for parents with minor children and extended to one year and six months for parties with no minor children. All other divorce grounds remain the same. Persons who are already married may redesignate their marriage as a covenant marriage after they obtain marital counseling and execute a declaration of intent.
Patron - McDonnell

F SB950
Custody and visitation. Provides that a proposed or completed relocation of a child's principal residence constitutes a change in circumstances that may justify a change in custody.
Patron - Quayle

F SB972
Revocable beneficiary designations; revocation of death benefits by divorce or annulment. Repeals a provision in Virginia's domestic relations laws enacted by the 1993 Session of the General Assembly. The provision, applicable to divorces and annulments occurring after July 1, 1993, revokes as a matter of law, any contractual provision for payment of death benefits to a former spouse, unless otherwise stipulated in (i) a decree of annulment or divorce, or (ii) an agreement between the parties. Examples of such death benefits include life insurance benefits, retirement benefits, IRA account benefits, etc.
Patron - Reynolds

F SB1087
Uniform Child Custody Jurisdiction and Enforcement Act. Replaces the former UCCJA (1979) with an updated version addressing jurisdictional issues and expands the act to cover issues involving enforcement of custody and visitation orders issued out of state. Jurisdiction is authorized if there is a significant connection between the parties and the Commonwealth, there is no other state which fits the definition of the child's home state and the parties are all within the Commonwealth. Additionally, a court may exercise temporary emergency jurisdiction if there is a danger of abuse to the child, a sibling or a parent. Once a court exercises jurisdiction, that jurisdiction continues and is exclusive until all parties have left the state, and any orders issued may be modified only by the state having continuing, exclusive jurisdiction. The bill therefore eliminates the current problems created when competing orders are issued in more than one state. Orders issued in other states may be registered in the juvenile courts here and enforced as Virginia orders. Commonwealth's attorneys are given authority to enforce orders and to use law enforcement to investigate and secure the presence of children. This bill is recommended by the Virginia Commissioners to the National Conference of Commissioners on Uniform State Laws. This bill contains some modifications from the version introduced during the 1998 Session.
Patron - Mims

F SB1179
Effect of entry of support order in certain garnishment proceedings. Updates the Code provision allowing garnishments for spousal support or child maintenance when the United States is the third party. Presently, in order to garnish when the United States is liable, there must be a judgment of arrearage and the garnishment lapses after 180 days. The change allows for garnishments to take place when there is a judgment for arrearage, and when there is an order or decree of support for a spouse or for minor children. This bill is identical to SB 1092.
Patron - Puckett


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