Virginia Family Law Legislation Watch

New Code Provisions

July 1 marks the date that the changes to the Code of Virginia take effect. Three important changes will affect Virginia families.

First, there is a new paragraph H to Va. Code 20-108.1. This new provision authorizes the court to order a party to submit to a vocational evaluation. In times past, a party could seek to evade a vocational assessment by refusing to voluntarily meet with the vocational expert. A party’s attorney could further seek to impede the process by trying to keep the expert from attending the deposition that then became necessary to obtain the information needed for the assessment.

The new provision not only permits the court to order an interview between the party and the vocational expert, but also authorizes the expert to attend the deposition.

Another important provision allows the court to award costs and fees for the assessment.

Second, attorney issued subpoenas may now be issued for matters concerning protective orders. Several years ago, the Code was amended to permit attorneys to issue subpoenas for witnesses and documents. Prior to the change, one had to apply to the court and the court issued the subpoenas. This process could take several days.

Preliminary protective orders may be issued upon request of just one party. However, a full hearing must then occur within 15 days.

The Code previously did not authorize attorneys to issue subpoenas for protective orders. Oddly, an instance where time is of the essence and a subpoena most needed was specifically prohibited.

Attorneys can now issue subpoenas for protective order hearings.

Third, protective orders are limited to two years duration. However, Va. Code section 16.1-279.1 now allows for protective orders to be extended in additional two year increments upon petition.

Raising a child costs 22% more now than in 1960, report says - Los Angeles Times

That's 22% higher than the 1960 cost — adjusted for inflation — of $182,857.

via articles.latimes.com

Note that the estimate is to age 17. In Virginia, child support runs at least until age 18. It can continue past age 18 to age 19 or graduation, whichever comes first, if the child is in high school. Child support can also continue past age 18 if the child has a disability that prevents him or her from becoming self-sufficient.

Child Support beyond Age 18? - Teresa S. Cole, Esq. and Michael C. Miller, Esq.

    Some people may think continuing child support through college is a good idea (recipients) and some people may not (payors). House Bill 146 introduced on January 5, 2010 by Representative O’Bannon, by request, seeks to extend the child support obligation in Virginia up to age 23 for a child attending college.

    Under current Virginia law, child support generally terminates when a child turns 18 years of age. However, child support will continue to be paid beyond age 18 for a child who is (i) a full time high-school student, (ii) not self-supporting, and (iii) living in the home of the party receiving support, until the child reaches the age of 19 or graduates high school, whichever first occurs. Child support can also continue after age 19 if the child is disabled, unable to live independently, and resides with the parent seeking support. Note that in both instances, the child has to reside with the recipient parent.

    House Bill 146 did not address to whom the child support would be paid. It also provided for child support to resume for a child, actually an adult after age 18, under the age of 23 years even if the child support obligations previously ended.

     Hypothetical: After divorce several years ago, father paid mother child support until child turned age 18. Child goes off to college, lives in the dormitory, comes home to do laundry every couple of weekends, and pays tuition, etc. from scholarships, grants, and loans. It is now three years later. This bill is enacted. Child is 21 years of age.

    Scenario 1: If this bill were enacted into law, one parent could petition for child support from the other parent. The parents could then contest who has “custody” of a 21 year old adult in order to determine which parent paid support to the other. Custody and visitation for minors is determined by the best interest of the child factors at Va. Code 201-24.3. If the same factors continued to be applied, factor 8 is the preference of the child. What if the child says he or she wants to live independently of the parents?

    Scenario 2: After the above described custody contest, the court orders one parent to pay the other child support. However, there is no requirement in the language of the bill that the child support be expended for the benefit of the child. Likewise, there is no legal obligation for the recipient of the child support to support the child. This can result in a windfall to the receiving parent.

    House Bill 146 to extend the statutory child support obligation was stricken from the docket on January 22, 2010.

2009 Recap by Teresa S. Cole

Each year, the Virginia General Assembly meets, votes on bills, and passes new legislation.  The Virginia General Assembly is in session right now considering bills proposed in 2010.  The changes in Virginia family law that result generally take effect on July 1^st of each year. 

 

In 2009, there were approximately 11 bills affecting family law matters that became law on July 1, 2009.  Some of the bills were administrative or technical in nature, while others resulted in more substantive changes.  Some of the more interesting bills or changes that were considered or went into effect last July follow:

 

·                     In the case of a family assault and battery charge, the court can now order the alleged abuser to obtain services from the local community-based probation program and may defer a finding of guilt and ultimately dismiss the charges if the imposed conditions are complied with.

 

·                     The factors the court is required to consider in making any custody or visitation determination were amended to add consideration of any history of sexual abuse.

 

·                     Privacy issues related to parties’ social security numbers were again considered and the laws were fine tuned as to provide for the last four digits of the social security number to be included in support orders.

 

·                     The law has required parents to provide health insurance coverage for their minor children if it is available to a parent at a reasonable cost.  Effective July 1, 2009, “reasonable cost” is defined as costing 5% or less of the parents’ combined incomes.  If health insurance will be provided by Medicaid, the Department of Social Services may now collect from the parents the cost of the insurance for the minor children up to a maximum of 2.5% of each parent’s income.  In lieu of health insurance coverage, the Court may also now order “cash medical support.”  The definition of available health care coverage was also expanded to include health insurance available to a party’s spouse.  The Court can now consider the cost of health insurance provided by a spouse of a party for the party’s child in determining child support.

 

·                     Among the 8 family law bills which failed to be enacted was a bill that sought to repeal the amendment defining marriage as "only a union between one man and one woman." 

 

·                     There was also a failed bill that sought to authorize court-appointed attorneys in divorce cases for domestic violence victims with an established need.

 

Check back for blog updates throughout the current 2010 session to learn what the Virginia General Assembly is considering enacting in 2010.

 

 

*This blog is a summary and is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.  To view the full text of any law go to:  http://legis.state.va.us/