Support orders; retroactivity, arrearages, party's incarceration.
Summary
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 alone for 180 or more consecutive days shall not ordinarily 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.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2022
Committee Review
Mar 2022
Senate Passage
Feb 2022
House of Delegates Passage
Mar 2022
Signed into Law
Apr 2022
Introduced Jan 11, 2022
Signed Apr 11, 2022
Floor votes · Senate Feb 15, 2022 · House of Delegates Mar 7, 2022
How they voted
30–3
Passed
Total votes 33
Feb 15, 2022
D
Democratic17
100% Yea
R
Republican16
81% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
44
Key actions
14
Committee
15
Amendments
4
Apr 11, 2022
Signed into law
Approved by Governor-Chapter 527 (effective 7/1/22)
executive
Mar 12, 2022
Upper · Passed
Conference report agreed to by Senate (40-Y 0-N)
upper
Mar 12, 2022
Lower · Passed
Conference report agreed to by House (73-Y 19-N)
lower
Mar 12, 2022
Legislature · Passed
Amended by conference committee
legislature
Mar 9, 2022
Lower · Passed
House requested conference committee
lower
Mar 9, 2022
Introduced
House insisted on amendments
lower
Mar 7, 2022
Lower · Passed
Passed House with amendments (74-Y 24-N)
lower
Mar 7, 2022
Introduced
Engrossed by House as amended
lower
Mar 7, 2022
Lower · Passed
Committee amendments agreed to
lower
Mar 2, 2022
Lower · Passed
Reported from Courts of Justice with amendment(s) (13-Y 7-N)
lower
Feb 28, 2022
Lower · Passed
Subcommittee recommends reporting with amendments (5-Y 3-N)
lower
Feb 28, 2022
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Feb 25, 2022
Committee
Assigned Courts sub: Subcommittee #2
lower
Feb 22, 2022
Committee
Referred to Committee for Courts of Justice
lower
Feb 15, 2022
Upper · Passed
Read third time and passed Senate (37-Y 3-N)
upper
Feb 14, 2022
Introduced
Engrossed by Senate as amended SB348E
upper
Feb 14, 2022
Upper · Passed
Committee amendment agreed to
upper
Feb 14, 2022
Introduced
Reading of amendment waived
upper
Feb 10, 2022
Upper · Passed
Reported from Finance and Appropriations (15-Y 0-N)
upper
Feb 7, 2022
Committee
Rereferred to Finance and Appropriations
upper
Feb 7, 2022
Upper · Passed
Reported from Judiciary with amendment (11-Y 3-N 1-A)
upper
Jan 11, 2022
Committee
Referred to Committee on the Judiciary
upper
Jan 11, 2022
Introduced
Prefiled and ordered printed; offered 01/12/22 22101341D
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Scott Surovell
DDemocratic
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