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2022 SESSION
SB 348 Support orders; retroactivity, arrearages, party's incarceration.
Introduced by: Scott A. Surovell | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Support orders; retroactivity; arrearages; party's incarceration. Makes various changes to provisions of law related to child and spousal support orders, including (i) providing that in cases in which jurisdiction over child support or spousal support has been divested from the juvenile and domestic relations district court and no final support order has been entered, any award for child support or spousal support in the circuit court shall be retroactive to the date on which the proceeding was commenced by the filing of the action in the juvenile and domestic relations district court and (ii) specifying that prejudgment interest on child support should be retroactive to the date of filing.
The bill provides that a party's incarceration for 180 or more consecutive days shall not be deemed voluntary unemployment or underemployment for the purposes of calculating child support and imputing income for such calculation. The bill further provides that a party's incarceration for 180 or more days shall be a material change of circumstances upon which a modification of a child support order may be based. The provisions of the bill related to imputation of income apply only to petitions for child support and petitions for a modification of a child support order commenced on or after July 1, 2022, and do not create a material change in circumstances for the purposes of modifying a child support order if a parent was incarcerated prior to July 1, 2022, and the incarcerated party cannot establish a material change in circumstances other than incarceration.
FULL TEXT
- 01/11/22 Senate: Prefiled and ordered printed; offered 01/12/22 22101341D pdf | impact statement
- 02/14/22 Senate: Printed as engrossed 22101341D-E pdf | impact statement
- 03/21/22 Senate: Bill text as passed Senate and House (SB348ER) pdf | impact statement
- 04/11/22 Governor: Acts of Assembly Chapter text (CHAP0527) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- House amendments adopted
- House amendments engrossed
- Senate amendments
- Conference amendments
HISTORY
- 01/11/22 Senate: Prefiled and ordered printed; offered 01/12/22 22101341D
- 01/11/22 Senate: Referred to Committee on the Judiciary
- 02/07/22 Senate: Reported from Judiciary with amendment (11-Y 3-N 1-A)
- 02/07/22 Senate: Rereferred to Finance and Appropriations
- 02/10/22 Senate: Reported from Finance and Appropriations (15-Y 0-N)
- 02/11/22 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/14/22 Senate: Read second time
- 02/14/22 Senate: Reading of amendment waived
- 02/14/22 Senate: Committee amendment agreed to
- 02/14/22 Senate: Engrossed by Senate as amended SB348E
- 02/14/22 Senate: Printed as engrossed 22101341D-E
- 02/15/22 Senate: Read third time and passed Senate (37-Y 3-N)
- 02/22/22 House: Placed on Calendar
- 02/22/22 House: Read first time
- 02/22/22 House: Referred to Committee for Courts of Justice
- 02/25/22 House: Assigned Courts sub: Subcommittee #2
- 02/28/22 House: Subcommittee recommends reporting with amendments (5-Y 3-N)
- 03/02/22 House: Reported from Courts of Justice with amendment(s) (13-Y 7-N)
- 03/04/22 House: Read second time
- 03/07/22 House: Read third time
- 03/07/22 House: Committee amendments agreed to
- 03/07/22 House: Engrossed by House as amended
- 03/07/22 House: Passed House with amendments (74-Y 24-N)
- 03/07/22 House: VOTE: Passage (74-Y 24-N)
- 03/08/22 Senate: House amendments rejected by Senate (0-Y 39-N)
- 03/09/22 House: House insisted on amendments
- 03/09/22 House: House requested conference committee
- 03/10/22 Senate: Senate acceded to request (40-Y 0-N)
- 03/10/22 Senate: Conferees appointed by Senate
- 03/10/22 Senate: Senators: Surovell, Boysko, McDougle
- 03/10/22 House: Conferees appointed by House
- 03/10/22 House: Delegates: Adams, L.R., Freitas, Sullivan
- 03/12/22 Conference: Amended by conference committee
- 03/12/22 House: Conference report agreed to by House (73-Y 19-N)
- 03/12/22 House: VOTE: Adoption (73-Y 19-N)
- 03/12/22 Senate: Conference report agreed to by Senate (40-Y 0-N)
- 03/21/22 Senate: Enrolled
- 03/21/22 Senate: Bill text as passed Senate and House (SB348ER)
- 03/21/22 Senate: Signed by President
- 03/22/22 House: Signed by Speaker
- 03/22/22 Senate: Enrolled Bill Communicated to Governor on March 22, 2022
- 03/22/22 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022
- 04/11/22 Governor: Approved by Governor-Chapter 527 (effective 7/1/22)
- 04/11/22 Governor: Acts of Assembly Chapter text (CHAP0527)