Domestic Relations

Passed

P HB 2830

Revocation of death benefits by divorce; federal preemption. Provides that, in the event that federal preemption causes a person to, not for value, receive any death benefit to which he is not entitled under § 20-111.1 (revocation of death benefits by divorce or annulment), the improper recipient shall be liable for the amount received to the person who would have received the benefit had the statute not been preempted.
Patron - Gilbert

P SB 945

Income deduction order; remitting payments. Provides that all income deduction orders for support payments require that all employers with at least 100 employees and payroll processing firms with at least 50 clients remit payments under such orders via electronic funds transfer.
Patron - Quayle

P SB 948

Pendente lite spousal support; guidelines. Establishes a statewide formula to be used by courts to calculate the presumptive amount of an award of pendente lite spousal support. Courts still have the discretion to deviate from the presumptive amount calculated under this formula for good cause shown as well as after consideration of the factors used in determining a spousal support award, other than pendente lite spousal support, set forth at § 20-107.1. The bill caps the application of this formula to cases where the parties' combined gross monthly income does not exceed $10,000.
Patron - Quayle

Failed

F HB 1660

Premarital agreements; contents. Provides that parties to premarital and postmarital agreements may agree to abide by stricter standards before seeking a no-fault divorce under subdivision A (9) of § 20-91 on the grounds of living separate and apart.
Patron - Marshall, R.G.

F HB 1662

Child custody; consideration of marital fault. Provides that the circumstances that contributed to the dissolution of a marriage must be considered as a factor in determining the best interests of a child for purposes of awarding custody or visitation.
Patron - Marshall, R.G.

F HB 1664

Equitable distribution; factors. Clarifies that marital fault is a factor that must be considered in equitably dividing property in a divorce action regardless of whether such fault did or did not have an adverse economic impact on the marriage.
Patron - Marshall, R.G.

F HB 2056

Child custody and visitation; parenting plans. Requires preparation of parenting plans in any actions involving custody or visitation of a minor child. The parenting plan specifies the allocation of parenting responsibilities and establishes a parenting time schedule. The bill also provides that a court shall determine whether a proposed parenting plan is in the best interests of the child before approving the plan. If the parents cannot reach an agreement as to a plan, the court shall proceed to determine custody and visitation.
Patron - McQuigg

F HB 2445

Issuance of marriage license; waiting period. Requires that 72 hours elapse between an application for a marriage license and its issuance.
Patron - Frederick

F HB 2511

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 HB 2798

Grounds for divorce. Provides that parties with minor children cannot obtain a no-fault divorce under subdivision A (9) of § 20-91 when either party files a written objection to the granting of a divorce pursuant to that subdivision.
Patron - Marshall, R.G.

F HB 2862

Grounds for divorce; family abuse. Provides that a conviction of either party for assault and battery against a family member or for violating a protective order prohibiting family abuse shall constitute an immediate ground for divorce. Current law provides that a conviction for a felony where the convicted party is sentenced to confinement for more than one year constitutes an immediate ground for divorce.
Patron - Moran

F HB 2957

Child custody; joint physical custody. Establishes a presumption that an award of joint legal and physical custody is in the best interests of the child and that such an award should be made in all custody cases where feasible.
Patron - Bell

F HB 3163

Child support; incarcerated obligor. Provides that a court shall recalculate the child support obligation of an obligor who is incarcerated during the support period, the recalculation being retroactive to the date of incarceration. This bill also provides that prisoners and minor obligors are exempt from various fees and costs that may be collected by the Department of Social Services in enforcing support obligations. This bill further provides that reductions in the child support arrearages owed by prisoners and minor obligors should be granted for timely payments of support. Preference for placement in work programs will be given to otherwise qualified prisoners who have child support obligations.
Patron - BaCote

F SB 737

Admissibility of mental health care records in custody and visitation cases. Repeals the current law which provides that in any case in which custody or visitation of a child is at issue, the mental health records concerning a parent shall be privileged and confidential and the mental health care provider may not be required to testify on behalf of or against a parent or any of the parent's adult relatives.
Patron - Cuccinelli

F SB 919

Mandatory dispute resolution; custody, visitation, and child support. Provides that parties in cases involving custody, visitation, and child support must be referred to and must attend a dispute resolution orientation session. This bill is a recommendation of the Boyd Graves Conference.
Patron - Howell

F SB 937

F SB 947

Child custody arrangements. Requires parties in custody cases to submit a custody implementation plan prior to the entry of a custody order by the court. If the parties cannot reach an agreement as to a plan, eight hours of mandatory mediation shall be ordered and, if still no agreement is reached, the court shall determine a custody plan. This bill also provides that physical custody of a child should be shared equally between the parties to the extent that such an arrangement is feasible and is in the child's best interests.
Patron - Quayle

F SB 1036

Child custody; virtual visitation. Provides that the courts may order virtual visitation through the use of various electronic communication equipment, if the equipment is reasonably available, although such visitation can only be used to supplement, and not replace, actual visitation. The bill also provides that the amount of virtual visitation ordered is not a factor in determining child support and that the availability of virtual visitation cannot be a factor in determining whether a custodial parent is permitted to relocate with the child.
Patron - O'Brien

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Domestic Relations

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