Support cases; appeal bonds. (SB564)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Appeal bonds; support cases. Provides that a party may elect to appeal only the portions of a juvenile and domestic relations district court judgment (i) establishing or modifying support, or (ii) convicting him or holding him in contempt for failure to support, without appealing any portion of the judgment establishing a support arrearage. If such an election is made, the portion of the judgment establishing an arrearage remains in full force and effect and is not subject to appeal. The bill also clarifies that only parties who appeal the portion of a judgment establishing a support arrearage, either alone or in conjunction with an appeal of a support order, have to post an appeal bond. This bill is a recommendation of the Boyd-Graves Conference. Read the Bill »

Status

01/30/2008: Failed to Pass in Committee

History

DateAction
01/09/2008Prefiled and ordered printed; offered 01/09/08 080208400
01/09/2008Referred to Committee for Courts of Justice
01/14/2008Assigned Courts sub: Civil
01/30/2008Passed by indefinitely in Courts of Justice (10-Y 4-N) (see vote tally)

Comments

Dave Briggman writes:

Great bill, Mark. Thanks for carrying it.

Marsha Maines writes:

ok. well, if the defendant is indigent, why do they have to post an appeal bond at all? Besides, I believe the laws currently already state the above, it's just ignored by attorney's and judges involved in cases with the DCSE. see § 16.1-107 Requirements for appeal, § 16.1-296 (E)and (H)Jurisdiction of appeals; procedure:“...No appeal bond shall be required of a party appealing from an order of a juvenile and domestic relations district court except for that portion of any order or judgment establishing a support arrearage”… ”upon appeal from a conviction for failure to support or from a finding of civil or criminal contempt involving a failure to support,… may also require bond in an amount…to secure the payment of prospective support accruing during the pendency of the appeal”…” no appeal bond shall be required when an appeal is proper to protect the interest of a county, city or town.” , 16.1-292(B), 16.1-136,16.1-132, 16.1-106, 16.1-76 points to 16.1-77 and 8.01-257, 16.1-69:24 refers to 18.2-456, 18.2-457, 18.2-458, 18.2-459,16.1-292(B)refers to 20-63.

Marsha Maines writes:

Basically, I agree with the above. Especially since the so called 'arrearages' the DCSE claims in these cases included interest charged on interest illegally anyways. The DCSE is supposed to present to the court seperate figures for the 'current' and 'arrearage' and 'interest' amounts, yet they've been lumping it all together and then re-charging interest on the higher amount to claim their 'debt' due to Va's children to get the General Assembly to certify to the FEDS to get their matching dollars...