Domestic Relations

Passed

P HB1988

Child support arrearages; attorneys' fees; retention by Department of Social Services. Provides for attorneys' fees in court-ordered judgments for support arrearages equal to or greater than three months of support and maintenance. The Department of Social Services is authorized to retain any attorneys' fees it collects in a special fund dedicated to the support of the Division of Support Enforcement.
Patron - Griffith

P SB1019

Confidential information in divorce cases; separate addendums. Requires that the record of any divorce suit not contain the social security number of any party or of any minor child, or any financial information. If such information must be provided to a government agency or recorded for the benefit of the parties, it shall be contained in a separate addendum. The addendum can be used to distribute the information as required by law but shall otherwise be made available only to the parties, their attorneys, and to such other persons as the court in its discretion may allow.
Patron - Mims

P SB1040

Uniform Interstate Family Support Act (UIFSA). Updates the Act, which Virginia adopted in 1994 to replace the Uniform Reciprocal Enforcement of Support Act, by making most of the amendments proposed by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 2001 to clarify UIFSA and reflect changes in federal law The purpose of UIFSA is to limit modification of child support orders to a single state to reduce the number of interstate jurisdictional disputes. Except in narrowly defined circumstances, the only state able to modify a support order is the one that continues to have exclusive jurisdiction over the matter. The definition of "state" is expanded to allow other countries to have their orders enforced in the United States. An individual state can arrange with a foreign country for reciprocal enforcement of child support.
Patron - Quayle

Failed

F HB1633

Domestic relations; Affirmation of Marriage Act. Repeals the statute that 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; that such an arrangement entered into in another state or jurisdiction is void in Virginia; and that any contractual rights created thereby are void and unenforceable.
Patron - Van Yahres

F HB1737

Felony to fail to pay child support. Provides that any person who fails to pay child support for his or her child under the age of 18, or child of whatever age who is disabled or otherwise incapacitated from earning a living, when the amount of arrearage accruing on and after July 1, 2005, exceeds $25,000 of child support ordered by a court, is guilty of a Class 6 felony.
Patron - Cosgrove

F HB2106

Child support and custody; parenting plans. Requires preparation of parenting plans in any actions for divorce, separation, annulment, or separate maintenance that involve a minor child. The parenting plan specifies the allocation of parenting responsibilities, establishes a residential schedule, and sets the award of child support.
Patron - McQuigg

F HB2294

Visitation with minor child; standard order for noncustodial parent. Establishes guidelines for a standard visitation order governing visitation by a noncustodial parent.
Patron - Lingamfelter

F HB2490

Domestic relations; lawful contracts. Provides that the prohibition against a civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage shall not abridge the right of any person to enter into a lawful contract that pertains to the ownership or devising of joint property, the maintenance of personal health, or the protection of private assets.
Patron - Petersen

F HB2885

Child support; interest and fees. Eliminates the mandatory assessment of interest and fees relative to child support, and requires that any discretionary awards be justified in the court's order.
Patron - Spruill

F SB978

Affirmation of foreign marriage. Allows parties married outside of the United States and residing in the Commonwealth to petition the circuit court of the county or city in which they reside for an order affirming their marriage, and allows a judge to grant an order affirming such marriage if the parties supply certain documentation and the court finds that (i) at least one of the parties is a citizen of the United States, (ii) the marriage is valid under the laws of the other jurisdiction, and (iii) such marriage is not prohibited under the laws of the Commonwealth.
Patron - O'Brien

F SB1231

Visitation with minor child; standard order for noncustodial parent. Establishes guidelines for a standard visitation order governing visitation by a noncustodial parent.
Patron - Quayle

F SB1334

Best interests of the child. Provides that initiation by a parent of a no fault divorce and the commission of fault in a fault divorce are factors to be considered by the court in determining the best interests of the child when deciding custody and visitation.
Patron - Cuccinelli

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