Support orders; retroactivity, arrearages, party's incarceration. (SB348)

Introduced By

Sen. Scott Surovell (D-Mount Vernon)

Progress

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

Description

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. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/11/2022Prefiled and ordered printed; offered 01/12/22 22101341D
01/11/2022Referred to Committee on the Judiciary
01/18/2022Impact statement from DPB (SB348)
02/07/2022Reported from Judiciary with amendment (11-Y 3-N 1-A) (see vote tally)
02/07/2022Rereferred to Finance and Appropriations
02/10/2022Reported from Finance and Appropriations (15-Y 0-N) (see vote tally)
02/11/2022Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/14/2022Read second time
02/14/2022Reading of amendment waived
02/14/2022Committee amendment agreed to
02/14/2022Engrossed by Senate as amended SB348E
02/14/2022Printed as engrossed 22101341D-E
02/15/2022Impact statement from DPB (SB348E)
02/15/2022Read third time and passed Senate (37-Y 3-N) (see vote tally)
02/22/2022Placed on Calendar
02/22/2022Read first time
02/22/2022Referred to Committee for Courts of Justice
02/25/2022Assigned Courts sub: Subcommittee #2
02/28/2022House subcommittee amendments and substitutes offered
02/28/2022Subcommittee recommends reporting with amendments (5-Y 3-N)
03/02/2022Reported from Courts of Justice with amendment(s) (13-Y 7-N) (see vote tally)
03/04/2022Read second time
03/07/2022Read third time
03/07/2022Committee amendments agreed to
03/07/2022Engrossed by House as amended
03/07/2022Passed House with amendments (74-Y 24-N)
03/07/2022VOTE: Passage (74-Y 24-N) (see vote tally)
03/08/2022House amendments rejected by Senate (0-Y 39-N) (see vote tally)
03/09/2022House insisted on amendments
03/09/2022House requested conference committee
03/10/2022Delegates: Adams,L.R., Freitas, Sullivan
03/10/2022Senate acceded to request (40-Y 0-N) (see vote tally)
03/10/2022Conferees appointed by Senate
03/10/2022Senators: Surovell, Boysko, McDougle
03/10/2022Conferees appointed by House
03/10/2022Delegates: Adams, L.R., Freitas, Sullivan
03/12/2022C Amended by conference committee
03/12/2022Conference report agreed to by House (73-Y 19-N)
03/12/2022VOTE: Adoption (73-Y 19-N) (see vote tally)
03/12/2022Conference report agreed to by Senate (40-Y 0-N) (see vote tally)
03/21/2022Enrolled
03/21/2022Bill text as passed Senate and House (SB348ER)
03/21/2022Impact statement from DPB (SB348ER)
03/21/2022Signed by President
03/22/2022Signed by Speaker
03/22/2022Enrolled Bill Communicated to Governor on March 22, 2022
03/22/2022G Governor's Action Deadline 11:59 p.m., April 11, 2022
04/11/2022G Approved by Governor-Chapter 527 (effective 7/1/22)
04/11/2022G Acts of Assembly Chapter text (CHAP0527)