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2000 SESSION
SB 276 Child support; preexisting spousal support order.
Introduced by: Janet D. Howell | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Child support; preexisting spousal support order. This bill clarifies that spousal and child support can be contained in the same order and that the spousal support is counted in calculating gross income. The bill removes the word "preexisting" from the current statute, which provides that spousal support is included or deducted from gross income only when it is paid pursuant to a preexisting order or written agreement. The Virginia Court of Appeals in Frazer v. Frazer, 23 Va. App 358 (1996) stated that spousal support should be calculated before child support and included or deducted from gross income for when calculating child support. This bill is recommended by the Virginia Bar Association Coalition Committee on Family Law Legislation and is based on recommendations made by the Child Support Quadrennial Review Panel.
SUMMARY AS INTRODUCED:
Child support; preexisting spousal support order. This bill clarifies that spousal and child support can be contained in the same order and that the spousal support is counted in calculating gross income. The bill removes the word "preexisting" from the current statute which provides that spousal support is included or deducted from gross income only when it is paid pursuant to a preexisting order or written agreement. The Virginia Court of Appeals in Frazer v. Frazer, 23 Va. App 358 (1996) stated that spousal support should be calculated before child support and included or deducted from gross income for when calculating child support. This bill is recommended by the Virginia Bar Association Coalition Committee on Family Law Legislation and is based on recommendations made by the Child Support Quadrennial Review Panel.