Termination of Spousal Support. Courts, in their discretion, may now reduce or terminate an award of spousal support upon proof by clear and convincing evidence that the receiving spouse is cohabiting with another in a "relationship analogous to a marriage." Derived from the Court of Appeals decision of Frye v. Frye, 14 Va. App. 270, 416 S.E.2d 40 (1992), the "analogous to a marriage" language means that there is an intention by the parties to live together permanently or for an indefinite period of time and to assume duties and obligations normally associated with a marital relationship, such as financial support. A termination or reduction of support may not occur in these circumstances if the parties have otherwise contracted, and the recipient spouse may prevent termination by proof, by a preponderance of the evidence, that such termination would constitute a manifest injustice. (HB 1341)
Same Sex Marriages. Virginia will not recognize same sex marriages entered into and sanctioned in other states or jurisdictions. Virginia, which already prohibits same sex marriages, declares that such marriages are void, and contractual rights arising under such marriages are unenforceable. (HB 1589, SB 884)
Child Custody and Visitation. In addition to the topics already to be covered in an educational seminar to which courts may refer the parties to a divorce, parties' options regarding conflict resolution and financial responsibilities are now included. (HB 2106)
Determination of Parentage. In addition to its current definition, "assisted conception" now includes conception when the donor of the sperm is the husband of the woman inseminated. (HB 2221)
Uniform Interstate Family Support Act (UIFSA). The UIFSA's provisions regarding income withholding and registration and modification of support orders now specify that an obligor's employer must comply with a withholding order from another state which is regular on its face and which expresses the amounts to be withheld as sums certain and as period payments. An employer who complies is granted immunity. (HB 2679, SB 1000)
Child Support; Wage Withholding. The Department of Social Services is now authorized to issue an order for wage withholding upon the request of the obligor. Administrative or judicial orders for withholding may now be transmitted by the Department or the clerk of court using electronic means in lieu of certified mail or service. (HB 2681)
Child Support Orders; Periodic Review. The Department of Social Services may now review administrative support orders every three years, upon request, without having to show a change in circumstances. (HB 2685)
Support Cases; Appeal. In support cases involving criminal convictions for non-support or findings of civil or criminal contempt (where the amount of support is not an issue on appeal), a juvenile or family court may now order an appearance bond, with or without surety, pending appeal and, additionally, a bond with surety may be ordered to secure the payment of the amount which will accrue during the pendency of the appeal. (HB 2705)
John P. Grove
Mr. Grove is a Principal in the Firm.
E-mail: grove@woodsrogers.com