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2000 SESSION

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001510700
HOUSE BILL NO. 1310 Offered January 24, 2000 A BILL to amend and reenact §§ 20-74 and 20-108 of the Code of Virginia, relating to support orders. ---------- Patrons-- Johnson and Almand ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 20-74 and 20-108 of the Code of Virginia are amended and reenacted as follows:

§ 20-74. Support orders to remain in effect until annulled; modification.

Any order of support or amendment thereof entered under the provisions of this chapter shall remain in full force and effect until annulled by the court of original jurisdiction, or the court to which an appeal may be taken; however, such order of support or terms of probation shall be subject to change or modification by the court from time to time, as circumstances may require, but no such change or modification shall affect or relieve the surety of his or her obligation under such recognizance, provided notice thereof be forthwith given to such surety. No Except as provided herein, no support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification, but only from the date that notice of such petition has been given to the responding party. However, if the court to which an appeal is taken determines that a reversible error was made by the court of original jurisdiction, the appellate court may then make retroactive modification from the date of the reversible error, to compensate the party prevailing on the appeal.

§ 20-108. Revision and alteration of such decrees.

The court may, from time to time after decreeing as provided in § 20-107.2, on petition of either of the parents, or on its own motion or upon petition of any probation officer or superintendent of public welfare, which petition shall set forth the reasons for the relief sought, revise and alter such decree concerning the care, custody, and maintenance of the children and make a new decree concerning the same, as the circumstances of the parents and the benefit of the children may require. The intentional withholding of visitation of a child from the other parent without just cause may constitute a material change of circumstances justifying a change of custody in the discretion of the court.

No Except as provided herein, no support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification, but only from the date that notice of such petition has been given to the responding party. However, if the court to which an appeal is taken determines that a reversible error was made by the court of original jurisdiction, the appellate court may then make retroactive modification from the date of the reversible error, to compensate the party prevailing on the appeal.