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.

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/