HB 784 — Child and spousal support; entry or modification of orders, determination of support overages.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E51 An Act to amend and reenact §§ 20-60.3 and 20-107.1 of the Code of Virginia, relating to entry or modification of support orders;

R O [H 784] Approved LMarch L8, 2024 Be it enacted by the General Assembly of Virginia:

E § 20-60.3.

DAll orders directing the payment of spousal support where there are minor children whom the parties have a mutual duty to support and all orders directing the payment of child support, including thoseesthose orders confirming separation agreements, entered on or after October 1, 1985, whether they are original orders or modifications of existing orders, shall contain the following:

1.§ 20-79.2, from income as defined in § 63.2-1900, without further amendments of this order or having to file an application for services with the Department of Social Services;

Noticehowever, thatabsence supportof paymentssuch maynotice bein withheldan asorder theyentered becomeprior due pursuant to §July 20-79.11, or1988, §shall 20-79.2,not frombar incomewithholding as defined in § 63.2-1900, without further amendments of thissupport orderpayments orpursuant having to file§ an20-79.1; application for services with the Department of Social Services;

however,2. absence of such notice in an order entered prior to July 1, 1988, shall not bar withholding of support payments pursuaHt to § 20-79.1;

7Notice that support payments may be withheld pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 without further amendments to the order upon application for services with the Department of Social Services;

If known, the name, date of birth, and last four digits of the social security number of each parent of the child and, unless otherwise ordered, each parent's residential and, if different, mailing address, residential and employer telephone number, and number appearing on a driver's license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, and the name and address of each parent's employer;

Notice that, pursuant to § 20-124.2, support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever occurs first, and that the court may also order that support be paid or continue to be paid for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, and such disability existed prior to the child reaching the age of 18 or the age of 19 if the child met the requirements of clauses (i), (ii), and (iii);

The order shall indicate whether either or both parents currently hold such an authorization and, if so, the type of aut7.authorization held;

7.

dependent8. children pursuant to §§ 20-108.1 and 20-108.2 if available at reasonable cost as defined in § 63.2-1900, or a written statement that health care coverage is not available at a reasonable cost as of 4 defined in such section, and a statement as to whether there is an order for health care coverage for a spouse or former spouse;

anda. b.

An order for health care coverage, including the health insurance policy information, for dependent children pursuant to §§ 20-108.1 and 20-108.2 if available at reasonable cost as defined in § 63.2-1900, or a written statement that health care coverage is not available at a reasonable cost as defined in such section, and a statement as to whether there is an order for health care coverage for a spouse or former spouse;

and of 4 b.

Any maintenance and support shall be subject to the provisions of § 20-109, and no permanent of 4 maintenance and support shall be awarded from a spouse if there exists in such spouse's favor a ground of divorce under the provisions of subdivision A (1) of § 20-91.

However, the court may make suEhsuch an award notwithstanding the existence of such ground if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the Rarties.parties.

of 4 C.

The court, in its discretion, may decree that maintenance and support of a spouse be made in lumpperiodic sumpayments award,for ora indefined anyduration, combinationor thereof.nin periodic payments for an undefined duration, orOinor in a D.lump sum award, or in any combination thereof.

D.

Once granted, tEethe duration of such a reservation shall not be subject to modification.

Unless otherwise provided by stipulation or contract executed on or after July 1, 2020, or unless otherwise ordered by the court on or after July 1, 2020, a party seeking to exercise his right to support so reserved shall be required to prove a material change of circumstances as a prerequisite for the court to consider exercise of such resE.reservation.

E.

In determining the nature, amount and duration of an award pursuant to this section, tHethe court shall consider the following:

B 1.

The obligations, needs and financial resources of the parties, including but not limited 8oto income from all pension, profit sharing or retirement plans, of whatever nature;

E 2.

R 3.

The age and physical and mental condition of the parties and any special circumstances of the fam5.family;

5.

The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his earning abi11.ability;

11.

In contested cases in the circuit courts, any order granting, reserving or denying a request for spousal support shall be accompanied by written findings and conclusions of the court identifying the factors in subsection E which support the court's order.

For purposes of this section and § 20-109, "date of separation" means the earliest date at which the parties are physically separated and at least one party intends such separation to be permanent provided the separation is continuous thereafter and "defined duration" means a period of time (i) with a orspecific conditionbeginning otherand thanending deathdate or termination(ii) pursuantspecified toin §relation 20-110.oto the occurrence or cessation of an event H.or condition other than death or termination pursuant to § 20-110.

WhereH. there are no minor children whom the parties have a mutual duty to support, an order of 4 directing the payment of spousal support, including those orders confirming separation agreements, entered on or after October 1, 1985, whether they are original orders or modifications of existing orders, shall contain the following:

Where there are no minor children whom the parties have a mutual duty to support, an order directing the payment of spousal support, including those orders confirming separation agreements, entered on or after October 1, 1985, whether they are original orders or modifications of existing orders, shall contain the following:

however, when a protective order has been issued or the court of 4 otherwise finds reason to believe that a party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk shall not be included in the order;