2004 Virginia Family Law Legislative Update

The Virginia General Assembly has passed a number of new laws which impact Virginia Family Law. The statutes discussed below went into effect July 1, 2004. I have highlighted what are probably the most significant new changes in the law.

Child Custody and Visitation

The legislature amended Subsection 9 of Virginia Code Section 20-124.3 to permit a court hearing custody and visitaton matters to permit a parent to ignore the obligations imposed on parents by Subsection 6 of 20-124.3 to encourage contact between children and the other parent. Under the amended Subsection 9, a parent does not have to encourage contact with the other parent where the other parent has committed “family abuse”. You can find a complete version of the new statute here.

Child Support

Virginia’s child support statute, Virginia Code Section 20-108.2, underwent several major changes.

Pursuant to 20-108.2, “gross income” is defined as all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits except as listed below, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans’ benefits, spousal support, rental income, gifts, prizes or awards. After July 1, the definition of “gross income” shall not include income received by a parent obligated to pay support from a second job taken, additional self employment engaged in, or from overtime worked taken order to pay off child support arrearages.

-By Rob Hagy