General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Domestic Relations

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Domestic Relations

Passed

P HB20

Persons who may perform marriage rites. Allows circuit court judges to appoint persons who are residents of the circuit in which the judge sits to perform marriages anywhere in the Commonwealth. Legislation enacted in 2003 limited the area to the jurisdiction in which the person resides. Prior to the 2003 legislation, a judge could appoint a person who resided in the jurisdiction for which the court was held to perform a marriage anywhere in the Commonwealth. This bill is identical to SB 274 except that HB 20 contains an emergency clause.
Patron - Scott, J.M.

P HB441

Custody and visitation; best interests of the child. Provides that in considering the best interests of the child with respect to custody and visitation, the court may disregard the propensity of each parent to actively support the child's contact and relationship with the other if the court finds a history of family abuse.
Patron - Suit

P HB447

Mandatory parenting classes in cases involving custody, visitation or support. Eliminates the requirement that parties attend a four-hour seminar on the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibilities in uncontested custody, visitation and support cases and provides that the court may require the parties to attend such seminars or programs in uncontested cases only if the court finds good cause.
Patron - Suit

P HB511

Child support. Revises the child support guideline by (i) providing that "gross income" shall not include income received by the payor parent from a second job that was taken in order to pay off child support arrearages and that cessation of the income is not the basis for a material change in circumstances; (ii) replacing the provision for "extraordinary medical and dental expenses" with a requirement that the parents pay in proportion to their incomes any reasonable and necessary unreimbursed medical or dental expenses in excess of $250 per year per child; (iii) making computation and payment of medical and dental expenses in sole and split custody arrangements identical to that for shared custody arrangements (under which expenses are allocated in accordance with the parties' income shares and paid in addition to the basic child support obligation); (iv) directing the court to consider actual tax savings a party derives from the child-care cost deductions or credits; and (v) changing the guideline review from being completed every three years to being completed every four years. This bill is identical to SB 208.
Patron - Marrs

P HB751

Affirmation of Marriage Act for the Commonwealth of Virginia. States that a civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage is prohibited and that such an arrangement entered into in another state or jurisdiction is void in Virginia and any contractual rights created thereby are void and unenforceable.
Patron - Marshall, R.G.

P HB1111

Divorce; property distribution. Adds the use, expenditure or dissipation of marital property for a non-marital separate purpose in anticipation of divorce or after the last separation, to the factors that the court is directed to consider in determining the division or transfer of marital property, the amount of any monetary award, the apportionment of marital debts, and the method of payment. This bill is identical to SB 51.
Patron - Moran

P SB51

P SB208

P SB274

Persons who may perform marriage rites. Allows circuit court judges to appoint persons who are residents of the circuit in which the judge sits to perform marriages anywhere in the Commonwealth. Legislation enacted in 2003 limited the area to the jurisdiction in which the person resides. Prior to the 2003 legislation, a judge could appoint a person who resided in the jurisdiction for which the court was held to perform a marriage anywhere in the Commonwealth. This bill is identical to HB 20 except that SB 274 does not contain an emergency clause.
Patron - Devolites

P SB497

Child support petition. Clarifies that the retroactive modification of a child support order is not dependent on the court in which the petition was originally filed. Child support orders may be modified retroactively only to the date that the petition for modification was filed. When the modification petition is originally filed in juvenile and domestic relations district court and removed to circuit court, some circuit court judges have ruled that the circuit court can order child support retroactive to the date of filing in circuit court and others have ruled that retroactivity goes back to the date of filing in juvenile court. This bill provides that the child support may be modified back to the date that the modification petition was filed in any court.
Patron - Mims

Failed

F HB191

Domestic relations; applicants for marriage license. Makes it permissive to distribute certain health information to applicants for a marriage license.
Patron - Black

F HB261

Divorce, custody, visitation and support; penalties. Provides that custodial and noncustodial parents shall be subject to the same penalties for failure to comply with court orders relating to divorce, custody, visitation and support.
Patron - Jones, D.C.

F HB421

Persons who may perform marriage rites. Clarifies that a minister authorized to perform marriage ceremonies in the Commonwealth may do so anywhere in the Commonwealth.
Patron - Watts

F HB727

Same sex marriage; impeachment of judge. Provides that any judge who rules Virginia's prohibition against marriage between persons of the same sex (§ 20-45.2) unconstitutional is deemed to have committed malfeasance in office and may be subject to impeachment under the Virginia Constitution.
Patron - Marshall, R.G.

F HB750

Affirmation of Marriage Act for the Commonwealth of Virginia. Provides that the Commonwealth of Virginia is under no constitutional or legal obligation to recognize a marriage, civil union, partnership contract or other arrangement purporting to bestow any of the privileges or obligations of marriage under the laws of another state or territory of the United States unless such marriage conforms to the laws of the Commonwealth. This bill has an emergency clause.
Patron - Marshall, R.G.

F HB781

Spousal support; effect of cohabitation. Strikes the separate provisions for termination of spousal support where the payee spouse is cohabiting with another person and provides that for purposes of changing maintenance and support payable to a spouse the terms "marriage" and "remarriage" shall be defined to include habitually cohabiting with another person in a relationship analogous to a marriage for one year or more.
Patron - McDougle

F HB807

Domestic relations; tax on marriage license. Eliminates the $20 tax on a marriage license if the parties to the application have received four hours of counseling from a person authorized to perform marriages or from a professional counselor.
Patron - Petersen

F HB1239

Spousal support; physically abusive spouses. Prohibits courts from awarding spousal support to any spouse who was physically abusive to the other during the marriage, and authorizes courts to amend existing orders on the same grounds. Evidence of abuse must be clear and convincing.
Patron - Griffith

F HB1284

Juveniles; petitions filed for custody and visitation of any and all children of the parties. Provides that only one petition need be filed and only one filing fee shall be required for filing a petition for custody and visitation for any and all children of the parties. This bill is incorporated into HB 344.
Patron - Suit

F SB15

Persons who may perform marriage rites. Allows circuit court judges to appoint persons who are residents of the circuit in which the judge sits to perform marriages anywhere in the Commonwealth. Llegislation enacted in 2003 limited the area to the jurisdiction in which the person resides. Prior to the 2003 legislation, a judge could appoint a person who resided in the jurisdiction for which the court was held to perform a marriage anywhere in the Commonwealth. The bill has an emergency clause.
Patron - Edwards

F SB237

Virginia Domestic Violence Victim Fund. Creates the Virginia Domestic Violence Victim Fund. The Fund is to be administered by the Department of Criminal Justice Services, and the resources used to support the prosecution of domestic violence cases and victim services. The Fund shall be supported by dedication of a portion of court fees. The bill provides that $10 of the $20 tax on marriage licenses will go to the Department of Social Services for providing services to victims of domestic violence. The Department of Criminal Justice Services, in cooperation with the Statewide Facilitator for Victims of Domestic Violence within the Office of the Attorney General, is required to make all reasonable efforts to secure federal funds or other grant moneys for domestic violence prosecutions and services.
Patron - Norment

F SB251

Spousal support. Creates a rebuttable presumption that if spousal support is awarded it shall continue for a period equal to 50 percent of the length of time between the date of the marriage and the date of separation.
Patron - Deeds

F SB379

F SB524

Paternity tests. Provides that in cases of unwed parents, administrative and judicial child support orders must contain a statement that paternity has been established through scientifically reliable genetic tests. This provision does not apply where the alleged father has adopted the child, knew that the child was conceived through artificial insemination, is deceased or such testing is impractical or inappropriate for the circumstances of a particular case.
Patron - Hanger

Carried Over

C HB326

Application of support orders; fraud. Provides that upon proof that either party has committed fraud upon the court, including but not limited to giving false testimony regarding assets and income, the court may issue a new support order, nunc pro tunc to the original date of the hearing at which the fraud was committed.
Patron - Griffith

C HB386

Divorce, custody and visitation. Provides that substance abuse, cruelty, or causing reasonable apprehension of bodily hurt are fault grounds for divorce. Requires a party in a divorce who is seeking joint or sole custody to be awarded at least 120 overnights in any calendar year and joint or sole legal custody unless both parties agree in writing to a parenting plan that addresses custody or the court makes a written finding that such arrangement is not in the best interests of the child. This provision does not apply to a party who has committed adultery, sodomy or buggery outside the marriage; been convicted of a felony and sentenced to confinement for more than one year; been guilty of cruelty towards the spouse, caused the spouse reasonable apprehension of bodily hurt, willfully deserted or abandoned the spouse; or been guilty of cruelty to the parties' children or caused the children reasonable apprehension of bodily hurt; or abused drugs or alcohol. It is presumed that it is in the best interests of the child to spend a minimum of 120 overnights with each party in every calendar year in visitation arrangements.
Patron - Lingamfelter

C HB1240

Child Support Guidelines Review Panel. Establishes the Child Support Guidelines Review Panel in the legislative branch of state government. The Panel is responsible for reviewing the guidelines for child support every three years. This bill is a recommendation of the Joint Rules Committee.
Patron - Griffith

C SB435

Child support guideline. Modifies the calculation of child support in shared custody by repealing the multiplier and distinguishing between variable and fixed costs. Variable costs are based on the percentage of time a parent has custody of the child.
Patron - Wagner

C SB510

Uniform Child Custody Jurisdiction and Enforcement Act. Makes several modifications to the continuing jurisdiction provisions of the Act. The changes provide that the state with initial jurisdiction does not lose jurisdiction until both parents move out of that state. The current provision says until the "child's parents" move out of the state and it is unclear what happens if one parent moves to another state. The Act is a uniform act proposed by the National Conference of Commissioners on Uniform State Laws and was enacted in 2001 to replace the Uniform Child Custody Jurisdiction Act, which Virginia enacted in 1979.
Patron - Mims

C SB680

Divorce decrees; spousal support, modification and enforcement. Provides that agreements that are incorporated into a divorce decree are subject to revision by the court upon a showing of clear and convincing evidence that a term or provision is causing manifest injustice or that a change in condition has made such term or provision unconscionable. In the case of a divorce decree, the bill allows the court to order incarceration for contempt only when the court is convinced beyond a reasonable doubt that the contempt is willful, intentional and malicious. The bill also provides that a court may not award spousal support unless there is an agreement between the parties to do so. The bill states that spousal support terminates upon cohabitation.
Patron - Deeds

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Domestic Relations

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