Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/06/2020        

Child support; reasonable cost of health care coverage.

Modifies the definition of "reasonable cost" for purposes of health care coverage in child support arrangements by capping the maximum amount to five percent of the gross income of the parent responsible for providing health care coverage. Under current law, such costs are capped at five percent of the parents' combined gross income.

Date Version PDF TXT
01/06/2020 House: Prefiled and ordered printed; offered 01/08/20 20102461D Open

            

2020 SESSION

    20102461D
    HOUSE BILL NO. 637
    Offered January 8, 2020
    Prefiled January 6, 2020
    A BILL to amend and reenact � 63.2-1900 of the Code of Virginia, relating to child support; reasonable cost of health care coverage.
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    Patrons-- Samirah and Levine
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    Referred to Committee on Health, Welfare and Institutions
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    Be it enacted by the General Assembly of Virginia:

    1. That � 63.2-1900 of the Code of Virginia is amended and reenacted as follows:

    63.2-1900. Definitions.

    As used in this chapter, unless the context requires a different meaning:

    "Administrative order" or "administrative support order" means a noncourt-ordered legally enforceable support obligation having the force and effect of a support order established by the court.

    "Assignment of rights" means the legal procedure whereby an individual assigns support rights to the Commonwealth on behalf of a dependent child or spouse and dependent child.

    "Authorization to seek or enforce a support obligation" means a signed authorization to the Commonwealth to seek or enforce support on behalf of a dependent child or a spouse and dependent child or on behalf of a person deemed to have submitted an application by operation of law.

    "Cash medical support" means the proportional amount the court or the Department shall order both parents to pay toward reasonable and necessary unreimbursed medical or dental expenses pursuant to subsection D of � 20-108.2.

    "Court order" means any judgment or order of any court having jurisdiction to order payment of support or an order of a court of comparable jurisdiction of another state ordering payment of a set or determinable amount of support moneys.

    "Custodial parent" means the natural or adoptive parent with whom the child resides; a stepparent or other person who has physical custody of the child and with whom the child resides; or a local board that has legal custody of a child in foster care.

    "Debt" means the total unpaid support obligation established by court order, administrative process or by the payment of public assistance and owed by a noncustodial parent to either the Commonwealth or to his dependent(s).

    "Department-sponsored health care coverage" means any health care coverage that the Department may make available through a private contractor for children receiving child support services from the Department.

    "Dependent child" means any person who meets the eligibility criteria set forth in � 63.2-602, whose support rights have been assigned or whose authorization to seek or enforce a support obligation has been given to the Commonwealth and whose support is required by Titles 16.1 and 20.

    "Electronic means" means service of a required notice by the Department through its secure online child support portal to any person who has agreed to accept service through the portal and has created a user account. The portal shall record and maintain the date and time service is accepted by the user.

    "Employee" means any individual receiving income.

    "Employer" means the source of any income.

    "Financial institution" means a depository institution, an institution-affiliated party, any federal credit union or state credit union including an institution-affiliated party of such a credit union, and any benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in this Commonwealth.

    "Financial records" includes, but is not limited to, records held by employers showing income, profit sharing contributions and benefits paid or payable and records held by financial institutions, broker-dealers and other institutions and entities showing bank accounts, IRA and separate contributions, gross winnings, dividends, interest, distributive share, stocks, bonds, agricultural subsidies, royalties, prizes and awards held for or due and payable to a responsible person.

    "Foreign support order" means any order issued outside of the Commonwealth by a court or tribunal as defined in � 20-88.32.

    "Health care coverage" means any plan providing hospital, medical or surgical care coverage for dependent children provided such coverage is available and can be obtained by a parent, parents, or a parents spouse at a reasonable cost.

    "Income" means any periodic form of payment due an individual from any source and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, payments pursuant to a pension or retirement program, interest, trust income, annuities, capital gains, social security benefits, workers compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans benefits, spousal support, net rental income, gifts, prizes or awards.

    "Mistake of fact" means an error in the identity of the payor or the amount of current support or arrearage.

    "Net income" means that income remaining after the following deductions have been taken from gross income: federal income tax, state income tax, federal income compensation act benefits, any union dues where collection thereof is required under federal law, and any other amounts required by law.

    "Noncustodial parent" means a responsible person who is or may be obligated under Virginia law for support of a dependent child or childs caretaker.

    "Obligee" means (i) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered, (ii) a state or political subdivision to which the rights under a duty of support or support order have been assigned or that has independent claims based on financial assistance provided to an individual obligee, or (iii) an individual seeking a judgment determining parentage of the individuals child.

    "Obligor" means an individual, or the estate of a decedent, who (i) owes or is alleged to owe a duty of support, (ii) is alleged but has not been adjudicated to be a parent of a child, or (iii) is liable under a support order.

    "Payee" means any person to whom spousal or child support is to be paid.

    "Reasonable cost" pertaining to health care coverage for dependent children means available, in an amount not to exceed five percent of the parents combined gross income of the parent responsible for providing health care coverage, and accessible through employers, unions or other groups, or Department-sponsored health care coverage, without regard to service delivery mechanism; unless the court deems otherwise in the best interests of the child or by agreement of the parties.

    Picture Name From Date Type
    Ibraheem S. Samirah D-Richmond Sponsor
    Mark H. Levine D-Richmond Cosponsor
    Date Branch Action
    01/31/2020 House House: Reported from Courts of Justice (20-Y 0-N)
    01/27/2020 House House: Referred to Committee for Courts of Justice
    01/21/2020 House House: Reported from Health, Welfare and Institutions (22-Y 0-N)
    01/16/2020 House House: Subcommittee recommends reporting (5-Y 1-N)
    01/14/2020 House House: Assigned HWI sub: Social Services
    01/06/2020 House House: Prefiled and ordered printed; offered 01/08/20 20102461D
    01/06/2020 House House: Referred to Committee on Health, Welfare and Institutions
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    House 1/31/2020 12:00:00 AM 22 0 0
    House 1/21/2020 12:00:00 AM 23 0 0
    House 1/14/2020 12:00:00 AM 5 1 0
    Wiki





    Start Description.
    Modifies the definition of "reasonable cost" for purposes of health care coverage in child support arrangements by capping the maximum amount to five percent of the gross income of the parent responsible for providing health care coverage. Under current law, such costs are capped at five percent of the parents' combined gross income.
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    Child support



    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type