Child support guidelines.

Makes comprehensive changes to the child support guidelines, including

1. directing that a child support arrearage, standing alone, is not sufficient to block modifications to a support order;
2. providing that "current circumstances" can support rebuttal of the guidelines;
3. detailing the economic assumptions and factors upon which the guidelines and schedule are based;
4. clarifying and expanding (adding income from a second job or overtime) the components of income that may be considered in rebutting the presumptions established by the guidelines;
5. establishing protections to ensure that obligations of support will not reduce a noncustodial parent's income to below 150 percent of the poverty line;
6. defining "basic child support" as the "customary and ordinary expenses deemed necessary to sustain the child's life";
7. providing that gross income excludes secondary employment income that the payor parent earned in a good faith effort to pay off arrearages in support for the children at issue;
8. eliminating the addition of extraordinary medical and dental costs from child support and instead requiring parents to pay in proportion to their income any uninsured medical and dental costs in excess of $100 annually in addition to other child support; and
9. establishing thresholds for calculating the amount of child-care costs incurred due to employment that should be added to the basic support obligation. This bill reflects recommendations of the Secretary of Health and Human Resources Child Support Guideline Review Panel.

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YEAS--Stolle, Saslaw, Trumbo, Marsh, Quayle, Norment, Lucas, Edwards, Reynolds, Mims, Puller, Rerras, Blevins, Cuccinelli--14.

NAYS--0.

ABSTENTIONS--Howell--1.

Summary as introduced:

Child support guidelines. Modifies the calculation of child support in shared custody to distinguish between variable and fixed costs, and to determine variable costs based on the percentage of time a parent has custody of the child. The purpose of the bill is to modify the current computations, which in certain situations set the custodial parent's support share at a higher level for shared custody of 105 days or fewer than for sole custody. The Code now addresses this discrepancy by permitting such calculations to be discarded in favor of the sole custody support amounts.

New language:

Fixed costs. "Fixed costs" means that portion of the monthly child support obligation that remains constant for a parent regardless of the custody share. Each parent's fixed costs shall constitute 40 percent of the amount calculated pursuant to subsection B.

(iv) Variable costs. "Variable costs" means that portion of the monthly child support obligation that varies depending on the custody share. Such costs constitute 60 percent of the amount calculated pursuant to subsection B.

(v) Support need. Each parent's support need for the shared child or children shall be determined by multiplying the parent's percentage of custody share by variable costs, then adding the parent's fixed costs. To that sum shall be added the cost of health care coverage to the extent allowable by subsection E, plus the parent's work-related child-care costs to the extent allowable by subsection F.

(b) Support to be paid.

Each parent's support obligation to the other parent shall be determined by multiplying the parent's income share by the other parent's support need for the shared child or children calculated pursuant to subdivision G 3 (a) (v). The support amounts thereby calculated that each parent owes the other shall be subtracted one from the other and the difference shall be the shared custody support one parent owes to the other, with the payor parent being the one whose shared support is the larger. Any extraordinary medical and dental expenses, to the extent allowable by subsection D, shall be shared directly by the parents in accordance with their income shares, and shall not be adjusted by the custody share. The parents shall pay their respective shares of these extraordinary medical expenses as they are incurred, and they are not added to each party's shared custody support owed to the other party. The method of payment of said allowable expenses shall be contained in the support order.

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SB 1312 Child support and HB 2263 Child support
Patron - Frederick M. Quayle Patron - Vivian E. Watts

YEAS--McDonnell, Albo, Griffith, Kilgore, McQuigg, Black, Weatherholtz, Hurt, Athey, Janis, Bell, Marrs, McDougle, Louderback--14.

NAYS--Reese, Almand, Johnson, Armstrong, Moran, Joannou, Barlow--7.

Summary as introduced:
Child support. Makes comprehensive changes to the child support guideline, including (i) amending the schedule of monthly child support obligations; (ii) clarifying and expanding (adding income from a second job or overtime) the components of income that may be considered in rebutting the presumptions established by the guidelines; (iii) detailing the economic assumptions and factors upon which the guideline and schedule are based; (iv) providing that gross income excludes secondary employment income that the payor parent earned in a good faith effort to pay off arrearages in support for the children at issue; (v) establishing protections to ensure that obligations of support will not reduce a noncustodial parent's income to below 150 percent of the poverty line; (vi) requiring parents to pay in proportion to their income any uninsured medical and dental costs in excess of $250 annually in addition to other child support; and (vii) establishing thresholds for calculating the amount of child-care costs incurred due to employment that should be added to the basic support obligation. This bill reflects the recommendations of the Secretary of Health and Human Resources Child Support Guideline Review Panel. The provisions are not retroactive and do not constitute the basis for a material change in circumstances upon which a modification of child support may be based.

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HB 2158 Child support; payment of child-care expenses; parents attend school.

Summary as introduced:

Child support; payment of child-care expenses when custodial parent attends school. Permits courts to require the noncustodial parent to pay as part of child support a proportional share of the child-care costs necessitated by the custodial parent's matriculation at high school, college, or a vocational school.

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Summary as introduced:

Child support guidelines. Provides that contributions by the payor parent into a college tuition savings plan specifically designated for that purpose are a factor that may be considered in establishing a child support amount that varies from the guidelines.

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02/20/03 House: Senate substitute agreed to by House (99-Y 0-N)

Provisions in such agreements for the modification of child support shall be valid and enforceable. Unless otherwise provided for in such agreement or decree incorporating such agreement, such future modifications shall not require a subsequent court decree. This section shall be subject to the provisions of § 20-108.

Summary as passed House:

Child support; enforceability of agreements on future modifications. Provides that where parents enter into agreements as to child support (i) such an agreement shall be deemed to rebut the presumption that the guideline establishes the correct amount of child support unless the court rules that the agreement is unjust or inappropriate and (ii) any provisions in such agreement relating to future modifications of child support shall be valid and enforceable, and shall not require a further court decree for their enforcement.

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Summary as passed Senate:

Child support income withholding; service of process. Permits the Division of Child Support Enforcement in the Department of Social Services to issue income withholding orders and notices by first-class mail. The bill states that a noncustodial parent's employer issued an income withholding order by first-class mail shall not be liable to the Department unless the employer had actual notice of the order.

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Identical to:

Has fiscal impact

Summary as introduced:

Child support and enforcement; lien on personal injury and wrongful death awards; publication of delinquent parent list. Clarifies that a court may issue a show cause order or capias for failure to pay child or spousal support. The bill requires the Division of Child Support Enforcement to publish a list of the 10 most delinquent parents and gives the Commissioner of the Department of Social Services access to information held by criminal justice agencies in tracking down delinquent parents. A lien on personal injury and wrongful death awards is created for child and spousal support and given priority over other liens.

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HB 2712 Court-ordered visitation; failure to comply.
Patron - Allen L. Louderback 

Summary as introduced:
Court-ordered visitation; failure to comply. Provides that where there is a failure to comply with court-ordered visitation, the aggrieved parent may initiate a complaint with the Department of Social Services in the jurisdiction where the order was entered or where the failure to comply occurred.
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Patron - John S. Reid

NAYS--Hurt, Marrs--2.

NOT VOTING--Melvin, Parrish--2.

YEAS--Quayle, Rerras, Blevins, Cuccinelli--4.

NAYS--Stolle, Saslaw, Marsh, Howell, Lucas, Edwards, Reynolds, Puller--8.

ABSTENTIONS--Trumbo, Norment, Mims--3.

Minor children and custody. Provides that the court may limit the contact with a parent if it finds by a preponderance of evidence that the contact would be harmful. Additionally, the new language provides that each parent has an equal obligation to share in the care and management of their children. Finally, the bill provides a preference for substantially equal joint legal and physical custody and that supervision of parent-child contact may be ordered for a parent found guilty of child abuse or neglect.

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ABSTENTIONS--Trumbo, Norment--2. Summary as introduced:

Child custody or visitation and best interests of the child. Modifies several of the factors to be considered by a judge in determining the best interests of the child for purposes of determining custody or visitation arrangements. Additionally, the bill provides that the judge, as part of a final order, shall provide a written statement summarizing his findings regarding the factors considered.

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Summary as introduced:

In camera interviews in child custody or visitation hearings. Provides that a judge may conduct an in camera interview with a child, provided a recording of the interview is made. If practicable, both parents shall be permitted equal time with the child during the week prior to the interview. If a judge's decision is materially based on the interview, a copy of the interview shall be provided to the parents prior to the issuance of a final decision.

In any proceeding in a court of record to determine custody or visitation, when the court conducts an in camera interview of a minor child whose custody or visitation is at issue without the presence of the parties or their counsel, a record of the interview shall be prepared and made a part of the record in the case, unless the parties otherwise agree. The cost of creating the record shall be taxed as costs to the parties to the proceeding.

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HB 2724 Child custody and visitation; nature of order.
Patron - Vivian E. Watts 

YEAS--Albo, Griffith, McQuigg, Black, Weatherholtz, Hurt, Athey, Janis, Bell, Marrs, McDougle, Reese, Louderback, Johnson, Joannou, Barlow--16.

NAYS--McDonnell, Kilgore, Almand, Armstrong, Moran--5.

NOT VOTING--Melvin--1.

Summary as introduced:
Child custody and visitation; nature of order. Provides that when a court adjudicates the custody or visitation of minor children, it shall determine whether the adjudication is to be temporary or final, based on the nature of the circumstances surrounding the hearing, whether the parties have had sufficient time to prepare for trial, and any transience in the parties' situation. Temporary orders have no presumptive effect in final determinations of custody and visitation and are not considered a final adjudication for purposes of appeal. A final order shall have presumptive effective, and shall be a final adjudication for purposes of appeal. The bill is intended to clarify (i) that courts may make either a temporary or a final (albeit subject to a modification upon a showing of a material change in circumstances) adjudication of child custody and visitation and (ii) the status of the case vis-a-vis applications for appeal to the Court of Appeals.

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SB 1298 Parental rights.
Patron - Stephen D. Newman

Summary as introduced:
Parental rights. Clarifies that a "party with a legitimate interest" in a child, for purposes of making custody and visitation determinations, does not include persons whose interest in the child is derived from a parent (e.g., grandparents and other relatives) whose rights have been terminated if the child subsequently has been legally adopted, except in cases of stepparent adoption. The bill also clarifies that only such grandparents and other relatives are not divested of all legal rights in cases of stepparent adoption. This bill is not a change in current law and seeks to clarify current practice.

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And identical companion bill:

Summary as introduced:

Affirmative defense to prosecution for abuse and neglect; infant-receiving facilities; emergency custody of abandoned children. Provides that when any person voluntarily delivers a child no older than 14 days to an approved facility, the person will have an affirmative defense to prosecution for abuse or neglect, if the abuse or neglect prosecution is based solely upon the delivery of the child to an approved facility. The person may remain anonymous. Approved facilities include hospitals and police departments. Personnel who accept these children are immune from liability absent gross negligence or willful misconduct. The Department of Social Services, in conjunction with the Department of Health, shall launch a media campaign to promote safe placement alternatives for newborn infants and publicize the emergency custody for certain abandoned children procedures. The Department of Social Services is required to make an annual report to the General Assembly compiling the number of children abondoned.

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The parties to any petition where a child whose custody, visitation, or support is at issue for an original decision, whether contested or by agreement, shall show proof that they have attended within the 12 months prior to their court appearance or that they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the court. The seminar or other program shall be a minimum of 4 hours in length and shall address the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibilities. Once a party has completed 1 educational seminar or other like program, the required completion of additional programs shall be at the court's discretion. Parties under this section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in § 20-124.1. The fee charged a party for participation in such program shall be based on the party's ability to pay; however, no fee in excess of $50 may be charged. Whenever possible, before participating in mediation or alternative dispute resolution to address custody, visitation or support, each party shall have attended the educational seminar or other like program. The court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available. Other than statements or admissions by a party admitting criminal activity or child abuse or neglect, no statement or admission by a party in such seminar or program shall be admissible into evidence in any subsequent proceeding.

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NAYS--Hamilton--1.

Summary as introduced:

Parenting programs; Department of Correctional Education. Requires the Department to arrange for noncustodial parent offenders committed to the custody of the Department of Corrections to be afforded the opportunity to participate in pre- and post-release parenting programs that include parenting-skills training, anger management, and literacy skills.

Fiscal impact: $2.7 Million

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Summary as introduced:

State-funded mediation. Eliminates practice of state payment for mediation services in child custody, support, and visitation cases except where both parties are deemed indigent per the guidelines used for court-appointed counsel in criminal cases. The bill clarifies that the $100 fee is for all services provided in the course of a mediator's single appointment to a family.

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(HB2120) 01/31/03 House: Stricken at request of Patron in C. J. (21-Y 0-N)

Summary as introduced:

Substitution of terms regarding custody and visitation. Provides that throughout the Code of Virginia and in any Acts of Assembly, the following substitutions shall be made:

"Associate parent" shall be substituted for the old term "noncustodial parent."

"Decision making authority" shall be substituted for the old term "legal custody."

"Managing parent" shall be substituted for the old term "custodial parent."

"Parenting arrangements" shall be substituted for the old term "custody."

"Parenting time" shall be substituted for the old term "visitation."

"Physical care, control, and maintenance" shall be substituted for the old term "physical custody."

"Shared parenting arrangement" shall be substituted for the old term "joint custody."

"Shared parenting responsibility" shall be substituted for the old term "joint physical custody."

"Sole parenting authority" shall be substituted for the old term "joint legal custody."

"Sole parenting responsibility and authority" shall be substituted for the old term "sole custody."

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Patron - Michele B. McQuigg

YEAS--Howell, Lucas, Mims, Puller, Rerras--5.

NAYS--Stolle, Saslaw, Trumbo, Marsh, Quayle, Reynolds, Blevins--7.

ABSTENTIONS--Cuccinelli--1.

Summary as introduced:

Court-ordered custody and visitation arrangements. Provides that when an award of sole custody has been made, the court shall give due consideration to the legitimacy of a subsequent claim of changed circumstances or a change in the best interests of the child made by the noncustodial parent or other interested party when the custodial parent is an active member of the military, is to be deployed outside the Commonwealth, and has selected a guardian for his child who is not the party claiming changed circumstances. The bill also encourages the court to award only temporary custody to the nonmilitary parent.

If the custodial parent is an active member of the military, the court shall, in making a determination as to a change in any custody or visitation decree, give due consideration to a Family Care Plan that has been developed and approved according to regulations promulgated by the United States Department of Defense.

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Summary as introduced:

Violation of court order regarding custody and visitation; penalty. Modifies wording of statute to provide that the child's parents or other legal guardian constitute the class of people who would have to be protected by a court order ordering custody and visitation in the case where the child is withheld outside the state. Currently the protected individual is the custodial parent.

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Summary as introduced:

Court-ordered visitation; failure to comply. Provides that where there is a failure to comply with court-ordered visitation, the aggrieved parent may initiate a complaint with the Department of Social Services in the jurisdiction where the order was entered or where the failure to comply occurred.

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Summary as introduced:

Felony for nonsupport; penalty. Provides that if a person has, without good cause shown, failed to pay court-ordered child support resulting in an arrearage of 6 months or more, he is guilty of a Class 6 felony.

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Summary as introduced:

Child custody evaluations. States that a district or circuit court may order an independent custody evaluation in any case in which custody or visitation of minor children is at issue. The court may order payment by the parties as it deems appropriate.

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YEAS--McDonnell, Albo, Griffith, Kilgore, McQuigg, Black, Weatherholtz, Hurt, Athey, Janis, Bell, Marrs, McDougle, Reese, Louderback, Almand, Armstrong, Moran, Joannou, Barlow--20.

NAYS--Johnson--1.

Summary as introduced:

Covenant marriage. Authorizes a form of marriage in which the parties must, before marrying, obtain premarital counseling and recite and sign a declaration of intent to enter into a covenant marriage. All divorce grounds remain the same. Persons who are already married may redesignate their marriage as a covenant marriage after they obtain marital counseling and execute a declaration of intent.

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HB 2793 Covenant marriage.

Patron - Robert F. McDonnell

YEAS--Abbitt, Albo, Athey, Barlow, Bell, Black, Bolvin, Broman, Bryant, Byron, Callahan, Carrico, Cline, Cole, Cosgrove, Councill, Cox, Devolites, Dillard, Dudley, Gear, Griffith, Hamilton, Hugo, Ingram, Janis, Johnson, Jones, D.C., Jones, S.C., Kilgore, Landes, Lingamfelter, Louderback, Marrs, Marshall, R.G., May, McDonnell, McDougle, McQuigg, Nixon, Nutter, O'Bannon, Oder, Orrock, Pollard, Putney, Rapp, Reese, Reid, Rollison, Rust, Saxman, Sears, Sherwood, Spruill, Suit, Thomas, Ware, Weatherholtz, Welch, Wright, Mr. Speaker--62.

NAYS--Alexander, Almand, Amundson, Armstrong, Baskerville, Bland, Bloxom, Brink, Christian, Crittenden, Darner, Drake, Hall, Hargrove, Hogan, Hull, Hurt, Joannou, Keister, Marshall, D.W., Melvin, Miles, Moran, Parrish, Petersen, Phillips, Plum, Scott, Shuler, Stump, Tata, Van Landingham, Van Yahres, Wardrup, Watts, Woodrum--36.

NOT VOTING--Morgan, Purkey--2.

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YEAS--Mims, Rerras, Blevins, Cuccinelli--4.

NAYS--Stolle, Saslaw, Marsh, Quayle, Howell, Lucas, Edwards, Reynolds, Puller--9.

ABSTENTIONS--Trumbo, Norment--2.

Summary as passed House:

Covenant marriage. Authorizes a form of marriage in which the parties must, before marrying, obtain premarital counseling and recite and sign a declaration of intent acknowledging that marriage is a lifelong relationship and pledging to obtain marital counseling should difficulties arise. Furthermore, in a covenant marriage, the time of separation necessary for parties to obtain a no-fault divorce is extended to 2 years for parents with minor children and extended to 1 year and 6 months for parties with no minor children. All other divorce grounds remain the same. Persons who are already married may redesignate their marriage as a covenant marriage after they obtain marital counseling and execute a declaration of intent.

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