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 1st 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/
