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Child support guideline. Specifies that the panel convened by The Secretary of Health and Human Resources to ensure that the child support guideline is reviewed by October 31, 2001, and every three years thereafter, includes a representative of a juvenile and domestic relations court and a circuit court, a representative of the executive branch, a member of the House of Delegates, and a member of the Senate to be appointed by the Chairmen of the House and Senate Committees for Courts of Justice, members of the bar, two custodial and two noncustodial parents and a child advocate.
Patron - Albo
Modification of spousal support awards. Seeks to modify the result of the August 2000 decision of the Court of Appeals in Rubio v. Rubio (33 Va. App. 74, 531 S.E.2d 612) by repealing the second enactment of Chapter 604 of the Acts of Assembly of 1998, as it relates to § 20-109, retroactively to July 1, 1998. That second enactment, intended to apply only to suits for modification of spousal support orders initially brought prior to July 1, 1998, for defined-duration alimony, was interpreted by the court so as to apply to petitions for any modification to spousal support. The bill also amends the Code of Virginia to specifically apply the change only to defined-duration alimony. This bill is identical to SB 1014 (Williams). This bill incorporates HB 2573.
Patron - Almand
Child support guidelines. Provides for an adjustment to income under the support guidelines for support paid for other children of the parties but who are not the subject of the current proceeding. Any adjustment to gross income under this subsection shall not create or reduce a support obligation to an amount that seriously impairs the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child.
Patron - Barlow
Relief from legal determination of paternity. Allows an individual to file a petition for relief from any legal determination of paternity. The court may set aside a determination of paternity if a scientifically reliable genetic test establishes the exclusion of the individual named as father in the legal determination. The court may order any appropriate relief, including setting aside (prospectively) an obligation to pay child support. Relief from paternity will not be granted if the individual named as father (i) acknowledged paternity knowing he was not the father, (ii) adopted the child or (iii) knew that the child was conceived through artificial insemination.
Patron - Joannou
Information required in income deduction order. Provides that the withholding fee cannot be applied to child support payments deducted from unemployment compensation. This is a technical amendment that brings Virginia in compliance with federal law.
Patron - Welch
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 that 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 reasonable apprehension of abuse or mistreatment 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. This bill is recommended by the Virginia Commissioners to the National Conference of Commissioners on Uniform State Laws.
Patron - Mims
Modification of spousal support awards. Seeks to correct the unintended result of the August 2000 decision of the Court of Appeals in Rubio v. Rubio by repealing the second enactment of Chapter 604 of the Acts of Assembly of 1998 retroactively to July 1, 1998. That second enactment, intended to apply only to suits for modification of spousal support orders initially brought prior to July 1, 1998, for defined-duration alimony, was interpreted by the court so as to apply to petitions for any modification to spousal support. The bill also amends the Code of Virginia to specifically apply the change only to defined-duration alimony. This bill is identical to HB 2215 (Almand).
Patron - Williams
Child support enforcement. Provides that the Division of Child Support Enforcement must disclose information to law-enforcement agencies for enforcement purposes.
Patron - Forbes
Custody of minor child. Provides that when a court awards sole custody, the judge shall communicate to the parties the basis of the decision, either orally or in writing. This bill incorporates HB 2545.
Patron - Devolites
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. This bill incorporates HB 1973.
Patron - Albo
Pendente lite orders. Allows court to order that all marital property remains intact to the maximum extent feasible and states that neither party shall be given an advantage or placed at a disadvantage for parenting arrangements. The bill also provides that if requested by either party at a hearing, the court shall provide substantially equal access to the minor children to both parents unless the court finds that such a parenting arrangement would be detrimental to the children. The burden of proving detriment is on the party objecting the parenting arrangement.
Patron - McClure
Relocation of child's residence. Provides that relocation is a material change of circumstances justifying a change of custody in the discretion of the court. The bill establishes a rebuttable presumption that any move without the consent of all parties, which impedes or prevents the exercise of a prior court order for visitation, is contrary to the best interest of the child. Specifies that the court has authority to grant a temporary order restraining the relocation of the child or the return of the child if the relocation has already taken place. This bill has been incorporated into HB 1674.
Patron - McClure
Child and spousal support. Clarifies that both child and spousal support orders must contain the name, date of birth and social security number of the person responsible for support.
Patron - Bloxom
Grounds for divorce from bond of matrimony. Increases the time during which a husband and wife shall live separate and apart without any cohabitation and without interruption in order to file for a no-fault divorce. Currently, the time period is one year, and this bill changes that period to two years.
Patron - McClure
Orders of support. Provides that if the court to which an appeal of an order of support is taken determines that a reversible error was made by the court of original jurisdiction, the appellate court may then make retroactive modification from the date of the reversible error, to compensate the party prevailing on the appeal. Under current law, such modifications only apply from the date notice of the appeal was given to the respondent.
Patron - Almand
Determining the best interests of a child. Requires a court to consider Parental Alienation Syndrome in determining the best interests of a child. Additionally, the bill requires the court to explain in writing or orally why frequent and continuing contact with both parents is not appropriate.
Patron - Kilgore
Divorce documents. Provides that upon request of a party, that party's address, telephone number and other identifying information shall not appear on any pleading, order, decree or other document provided to the other party, so long as there are adequate provisions for service.
Patron - Blevins
Failure to comply with spousal or child support order. Removes the provisions that allow a court to commit someone convicted of failure to comply with an order or decree to a local correctional facility or a work release program. Instead, the bill allows the court to sentence the person to public service work. Additionally, the bill makes it more difficult for a court to convict a person of failing or refusing to comply with an order for spousal or child support because of added language requiring proof of knowingly, willfully or intentionally failing to comply with the order. Under the new language, the court can no longer commit the person to a local correctional facility or work release program when the person (i) fails or refuses to give court ordered recognizance in a domestic matter; (ii) is convicted of contempt for failing or refusing to pay support and maintenance for a spouse or for a child; (iii) is convicted of failing or refusing to comply with any court order relating to a divorce.
Patron - Devolites
Custody and visitation. Substitutes the terms "shared parenting" and "sole parenting" for joint custody and sole custody and repeals the definition of joint custody. Custody and visitation are changed to "parenting arrangement." If there is clear and convincing evidence that the best interests of the child will be served, primary care and control of the child may be awarded to one person.
Patron - Reid
Child custody and visitation. Establishes a rebuttable presumption for joint custody and that each parent should be responsible for providing no less than one-third of the care and control of the child. The bill also provides that a court may not order that a parent's time with a child be supervised unless there is clear and convincing evidence of child abuse and neglect. This bill has been incorporated into HB 1500.
Patron - Katzen
Modification of spousal support awards. Seeks to correct the unintended result of the August 2000 decision of the Court of Appeals in Rubio v. Rubio by repealing the second enactment of Chapter 604 of the Acts of Assembly of 1998 retroactively to July 1, 1998. That second enactment, intended to apply only to suits for modification of spousal support orders initially brought prior to July 1, 1998, for defined-duration alimony, was interpreted by the court so as to apply to petitions for any modification to spousal support. The bill also amends the Code of Virginia to specifically apply the change only to defined-duration alimony. This bill has been incorporated into HB 2215,
Patron - McDonnell
Privileged mental health research data. Makes data collected and organized by mental health professionals privileged communications that shall not be disclosed or obtained by legal discovery proceedings and shall be inadmissible in adjudication for any purpose whatsoever. This section shall not alter the duty of confidentiality that a mental health professional has to a patient nor relieve a mental health professional of the duty to obtain a patient's consent to participate in mental health human research.
Patron - Howell
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