General Assembly>Division of Legislative Services>Publications>Session Summaries>2006>Domestic Relations

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Domestic Relations

Passed

P HB239

Domestic relations; fee for marriage. Provides that a person authorized by a circuit court judge to celebrate the rites of marriage in the Commonwealth may charge $50 for the ceremony. This provision does not apply to ministers.
Patron - Suit

P HB401

Child support obligations; incarcerated obligee. Gives a preference in work programs to any parent who agrees to give a minimum of 50 percent of earnings to his child support obligation.
Patron - Marsden

P HB723

Court decree as to property; equitable distribution. Changes the statute to address problems raised in Fowlkes v. Fowlkes, 42 Va. App. 1, (2003). Ensures that separate and marital contributions made to marital assets are all accounted for in the equitable distribution process.
Patron - McQuigg

P HB731

Determination of child or spousal support; factors. Revises, clarifies the wording, expands, and eliminates some of the factors that the court may consider in deviating from the guideline amount. Deviation factors were changed to allow for evaluation of the good faith and reasonableness of the parent's employment decisions when considering imputed income based on a party's change in employment, consideration of the cost of visitation travel, and consideration of the standard of living for the child during the marriage, rather than the family. There is a provision that the amendments are not retroactive and cannot be the basis for a material change in circumstances upon which a modification of child support may be based. This bill is identical to SB 167.
Patron - McQuigg

P HB1108

Child support orders; effective date. Specifies the date that judicial and administrative support orders are effective and payment due dates. A judicial support order is effective in an initial proceeding on the date of filing of the petition and in a modification proceeding the effective date may be the date of notice to the responding party. An administrative support order shall be effective on the date of service. There are provisions for prorating payments for the first month.
Patron - Athey

P SB167

Child support; deviations. Revises, clarifies the wording, expands, and eliminates some of the factors that the court may consider in deviating from the guideline amount. Deviation factors were changed to allow for evaluation of the good faith and reasonableness of the parent's employment decisions when considering imputed income based on a party's change in employment, consideration of a parent's financial resources and special needs, consideration of the cost of visitation travel, and consideration of the standard of living for the child during the marriage, rather than the family. There is a provision that the amendments are not retroactive and cannot be the basis for a material change in circumstances upon which a modification of child support may be based. This bill is identical to HB 731.
Patron - Quayle

P SB168

Child support; income withholding. Provides that when there is more than one child support withholding order against an obligor, the employer shall prorate among the orders based upon the current amounts due, with any remaining amounts prorated among the orders for any accrued arrearages.
Patron - Quayle

P SB169

Child support. Requires that administrative and court support orders contain a statement that if any arrearages for child support, including interest or fees, exist at the time the youngest child included in the order emancipates, payments shall continue in the total amount due (current support plus amount applied toward arrearages) at the time of emancipation until all arrearages are paid.
Patron - Quayle

P SB300

Revision of child support, etc. decrees; expedited hearing. Provides that any member of the Armed Forces Reserves, Virginia National Guard, or Virginia National Guard Reserves who files a petition or is a party to a petition requesting the adjudication of the custody, visitation or support of a child based on a change in circumstances because one of the parents has been called to active duty, shall be entitled to have such a petition expedited on the court's docket.
Patron - Cuccinelli

P SB369

Certain domestic relations documents. Amends a Code section added in 2005 that provides that certain required information (social security numbers and financial information) be contained in a separate addendum rather than in the petition, pleading, motion, order, or decree to add a requirement that the attorney or party who prepares the petition, etc. ensure that such an addendum be incorporated by reference into such petition, etc. This bill is a recommendation of the Judicial Council.
Patron - Saslaw

Failed

F HB135

Domestic relations; fee for marriage. Increases from $30 to $50 the fee any person authorized to celebrate the rites of marriage may charge the parties for the ceremony.
Patron - Cosgrove

F HB197

Marriage licenses. Requires the parties contemplating marriage to choose one of two types of marriage license: a license with grounds for divorce or a license without grounds for divorce. A license with grounds for divorce requires the parties to prove either adultery, a felony conviction, or cruelty to be granted a divorce. A license without grounds for divorce allows the parties to get a divorce based on any grounds including living separate and apart for the requisite time currently allowed under the law.
Patron - Marshall, R.G.

F HB234

Domestic violence victim fund; name change; funding. Changes the name of the fund to Sexual & Domestic Violence Victim Fund and provides for funding by adjusting fixed felony fees, fixed felony reduced to misdemeanor fees, fixed misdemeanor fees, and fixed drug misdemeanor fees. This bill was incorporated into HB 1409.
Patron - Jones, D.C.

F HB389

Domestic relations; Affirmation of Marriage Act. Repeals the Affirmation of Marriage Act.
Patron - Englin

F HB633

Payment of child-care costs by noncustodial parent; school matriculation. Requires the noncustodial parent to pay a proportional share of child-care costs while the custodial parent attends high school, college, or vocational school.
Patron - Phillips

F HB732

Child support; self-support reserve. Provides a "self-support reserve" for parents with incomes below $1,200 per month. If a parent (whether custodial or noncustodial) has a monthly income less than $800, that parent's income is disregarded in computing the child support obligation. If a parent's income is more than $800 but less than $1,200, $400 is deducted from the parent's income when computing the obligation.
Patron - McQuigg

F HB733

Child support; revisions to guidelines. Revises the Schedule of Monthly Basic Child Support Obligations as recommended by the Virginia Guideline Review Panel. The bill contains a provision that the amendments will not be retroactive and shall not be the basis for a material change in circumstances upon which a modification of child support may be based.
Patron - McQuigg

F HB742

Child support guideline. Excludes from gross income any one-time, or very infrequent, receipt of money or value that is not expected to be repeated, as, for example, a capital gain, inheritance, gift, prize, or award.
Patron - McQuigg

F HB764

Divorce; separation agreements. Specifies that where there are no minor children and the parties have been separated for six months the property settlement agreement may be either written or oral.
Patron - Sickles

F HB795

Child support obligations; incarcerated obligee. Allows incarcerated persons who owe child support a chance to have their obligation adjusted during incarceration; gives credit on arrearages for timely payment while incarcerated; and gives a preference in work programs for any ex-convict who has a child support obligation.
Patron - Shuler

F HB798

Virginia domestic violence victim fund; emergency funds. Provides that funds shall be made available for victims of domestic violence when a protective order is served on the primary source of monetary support for the family.
Patron - Fralin

F HB840

Child support; prepayment. Allows an obligor to prepay child support obligations. Requires the obligor to acknowledge that his obligation may change and that the Department of Social Services is not responsible for any interest on moneys returned.
Patron - Frederick

F HB1301

Death benefits; former spouse. Amends a provision enacted in 1993 stating that divorce revokes the designation of a former spouse as a beneficiary of a "death benefit" by revising the definition of "death benefit" to exclude payments under a life insurance contract. A provision that requires life insurance and annuity contracts to explain that Virginia law revokes the spouse as beneficiary upon divorce is revised to include only annuity contracts, since life insurance benefits will no longer be considered death benefits.
Patron - Alexander

F HB1412

Domestic relations; minimum age of marriage with consent of parents. Eliminates loophole for adults who have had consensual carnal knowledge of a minor without getting the minor pregnant by requiring that adult to obtain consent from the parent or guardian before marrying the minor.
Patron - Athey

F HB1564

Support orders; income deduction. Eliminates the ability of the court to set up income withholdings as a part of any support order, initial or otherwise, so that any person subject to an income withholding pursuant to a support order has a right to notice and, upon objection, the right to a hearing.
Patron - Jones, D.C.

F HB1565

Child support obligations; incarcerated obligee. Requires the court, upon sentencing a person for at least 12 months of incarceration, to give notice to that person of the right to have his support obligation adjusted during incarceration, and arrests the accrual of interest and costs during the incarceration period.
Patron - Jones, D.C.

F HB1566

Child support guidelines; net income as basis for calculating obligation. Changes the guidelines to establish net income (gross income minus federal & state income taxes as well as FICA contributions) as the basis for establishing child support obligations.
Patron - Jones, D.C.

F SB41

Divorce; separation agreements. Specifies that where there are no minor children and the parties have been separated for six months an agreement evidencing an intention to separate permanently may be either written or oral.
Patron - Puller

F SB123

Virtual visitation; definition; adjudication. Provides the definition of virtual visitation and states that the court can adjudicate virtual visitation if the equipment is reasonably available.
Patron - O'Brien

F SB220

Child support guideline. Revises the Schedule of Monthly Basic Child Support Obligations. The bill is a recommendation of the Virginia Guideline Review Panel. The Panel's report states "The table of values for child support for one through six children was generated by applying the income inflation and the cost inflation factors for the past 17 years to the existing guideline table." The bill contains a provision that the amendments will not be retroactive and shall not be the basis for a material change in circumstances upon which a modification of child support may be based.
Patron - Quayle

F SB221

Child support; self-support reserve. Provides a "self-support reserve" for parents with incomes below $1200 per month. If a parent (whether custodial or non-custodial) has a monthly income less than $800 that parent's income is disregarded in computing the child support obligation, unless the other parent's income is below $1200 per month. If a parent's income is between $800 and $1200, $400 is deducted from the parent's income when computing the obligation, unless the other parent's income is below $800 per month.
Patron - Quayle

F SB414

Birth certificates; same-sex couples. Prohibits both parties of a same-sex couple from being listed on a Virginia birth certificate following the adoption of a child in another jurisdiction.
Patron - Hanger

F SB439

Sole physical custody. Clarifies that the court may grant joint legal custody along with sole physical custody and sets out a definition that one person retains responsibility for the daily care and control of the child and reasonable visitation arrangements are provided for the noncustodial parent appropriate to the age, health, and development level of the child in a manner least disruptive to the child's routine.
Patron - Lambert

F SB444

Marriage license; proof of citizenship. Requires the circuit court clerk issuing any marriage license to ensure that each of the parties contemplating marriage provide, under oath, valid documentary evidence that each of the applicants is either (i) a citizen of the United States, (ii) a legal permanent resident of the United States, or (iii) a conditional resident alien of the United States. An original license, permit, or special identification card issued by the Virginia Department of Motor Vehicles shall satisfy these requirements. Any person who makes false statements or presents false documentation shall be guilty of perjury.
Patron - Devolites Davis

F SB445

Divorce decrees. Removes the requirement that a decree of divorce include each party's social security number. The social security number is included with other personal identifying information on an addendum filed with the decree. This bill was incorporated into SB 369.
Patron - Devolites Davis

F SB489

Carried Over

C SB569

Custody and visitation; mental health records. Provides that in custody or visitation cases the court may order, for good cause shown, disclosure of otherwise privileged and confidential mental health records concerning a parent. Using the same standard, the court may order the mental health care provider to testify on behalf of or against a parent or adult relative of the parent. The current law does not apply to mental health providers conducting an independent mental health evaluation pursuant to a court order, this bill includes a child's therapist and a co-parenting counselor to that exception. This bill is a recommendation of the Boyd-Graves Conference.
Patron - McDougle

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2006>Domestic Relations

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