2018 Va. family law legislation: Alimony, court reporter reform, abuse prevention, child support, inheritance, violence, legalized adultery?

UPDATED APRIL 10, 2018

MODIFICATION BY THE GOVERNOR 

•  HB 1351 Joint legal or physical child custody; custody and visitation decisions, communication to parties. Governor added: In any case or proceeding involving the custody or visitation of a child, to enable the child to apply for a state or federal benefit and upon the request of any party, the court shall make any finding of fact required by state or federal law in order for the child to receive such benefit. The existing language, which the Governor did not change, is: "The court shall consider and may award joint legal, joint physical, or sole custody, and there shall be no presumption in favor of any form of custody."  The bill's original text, completely replaced as it went through both houses, was, "The consideration of "joint physical custody" means the court shall consider custody and visitation arrangements that are reasonably constructed to maximize a child's time with each parent to the greatest extent possible in the child's best interests." At least the statute still says, "The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children." 

ENACTED, SIGNED BY GOVERNOR

• HB 613 Child and spousal support; access to case files.
• SB 101 Erin's Law, having schools educate children to recognize, resist and report molestation
• SB 78 Trust decanting; authorized fiduciary must be disinterested, may be appointed by court, majority of trustees may act
• HB 743 Judges; maximum number in each judicial district and circuit
• HJ 132 Judges; election in circuit court, general district court, etc. [Governor has no role in this]
• HB 754 Elective share claim; calculation of the augmented estate, role of "separate property" 
• HB 1142 Qualification of fiduciary without security; asset or amount with no monetary value, tightens bonding requirement that previously allowed $25,000 minimum. [Senate passed, but with amendments -- went into Conference Committee, both houses approved Conference Committee revision]
• SB 540 Spousal support; modification when person reaches retirement age.
• HB 262 Protective orders; cases of family abuse, cellular telephone numbers or other electronic device.
• HB 746 Wills and revocable trusts; eliminating certain inconsistencies so that living trusts, like wills, can be reformed by a court to achieve their intended goals in changed circumstances.
• HB 1360 Child support; guidelines for determination of obligation, child support orders.
• HB 1361 Child support; calculation of obligation, multiple custody arrangements.
• SB 545 Court reporters; prohibited actions, civil penalties: Regulates court reporters' dealings with lawyers and litigants [CONFERENCE COMMITTEE  resolved differences between versions, both houses approved conference committee substitute] 
• SB 614 Spousal support; modification. -- Makes it easier to change alimony. Any new agreements setting a nonmodifiable alimony amount must say, "The amount or duration of spousal support contained in this [AGREEMENT] is not modifiable except as specifically set forth in this [AGREEMENT]."
• SB 615 Spousal support payments; employer withholding allowed.
• SB 426 Victims of domestic violence; list of local resources. [House committee approved with an amendment removing lines 578, 579, and 580; Senate approved House amendment]

KILLED (incl. passed by, stricken, tabled, continued to next year ...)

• HB 599 Child support; nonpayment, amount of arrearage paid, suspension of driver's license.
• HB 1223 Erin's Law, having schools educate children to recognize, resist and report molestation
• HB 661 Assault and battery against a family or household member; enhanced, penalty. [Passed house, passed senate with substitute,  each house insisted on its own version, time ran out for Conference Committee]
• HB 411 Assisted conception; gender-neutral as to same-sex.
• HB 998 Parental or legal custodial powers, temporary delegation of; child-placing agency. [Passed House, continued to 2019 in Senate committee]
• HB 807 Custody and visitation agreements; best interests of the child, violent abuse of other family members
• HB 412 Marriage-related criminal laws; gender-neutral terms, adultery repeal, penalty.
• HB 413 Adoption; gender-neutral as to same-sex.
• HB 414 Same-sex marriage; marriage laws, gender-neutral terms.
• HB 478 Domestic violence-related misdemeanors; enhanced, penalty.
• HB 1237 Assault and battery against a family or household member; first offense, enhanced penalty.
• HB 149 Child support order payee; change in physical custody of child, orders involving DSS.
• HB 1331 Child support; review of guidelines federal compliance.
• SB 64 Custody and visitation decisions; communication to parties required in writing.
• SB 70 Custody and visitation; rights of parents with a disability.
• SB 178 Parental or legal custodial powers, temporary delegation of; child-placing agency.
• SB 596 Victims of domestic violence, etc.; firearms safety or training course.
• SB 603 Same-sex marriage; gender-neutral terms.
• SB 612 Assisted conception; parentage presumption.
• SB 727 FOIA; exemptions for courts of record, courts not of records and Office of the Executive Secretary
• SB 938 Child support; withholding of income, contracts with an independent contractor.
• HB 216 Guardians, licensed physician, etc.; annual reports to include medical examination.
• HB 383 Missing-heir search firms; void contracts.
• HB 406 Guardianship; protects communication between incapacitated persons & others, notification of relatives.
• HB 406 Guardianship; communication between incapacitated persons & others, notification of relatives.
• HB 1403 Electronic wills; requirements.
• HB 1565 Presumption of death; missing person reports.

 Compiled by John Crouch, updated by John Crouch and Sarah Araman