HD21 - Report of the Joint Subcommittee Studying Section 20-107 of the Code of Virginia

  • Published: 1982
  • Author: Joint Subcommittee Studying Section 20-107 of the Code of Virginia
  • Enabling Authority: House Joint Resolution 304 (Regular Session, 1981)

Executive Summary:

Following a thorough and comprehensive study of problems pertaining to (1) support and maintenance of spouses; (2) child support; (3) and the allocation of real and personal property in divorce proceedings, the joint subcommittee recommends in these respective areas:

1. That spousal support be barred absolutely by fault; that no provision be made for temporary or rehabilitative support; and that lump sum awards are simply a variant of spousal support subject to the same factors as period support.

2. That the court consider a number of relevant factors in determining child custody and the amount of child support; that there is no support obligation for children age eighteen or older; and that in custody cases the child's welfare is paramount with neither a presumption nor inference of law in favor of the father or mother.

3. That the court is to determine which property owned by the parties is property of the marriage (marital property; that the court is to value is to value the marital property; that the court is empowered to grant monetary awards based on an equitable apportionment of the marital property; that the court may partition jointly titled marital property; that no power is given the court to affect the title to any property; that a monetary award may be made payable either In a lump sum or over a period of time in fixed amounts; that a lump sum may be satisfied, in whole or in part, by the conveyance of property with the court's consent; that there be no presumption in favor or an equal distribution of marital property; that the amount of the award be determined by the court after consideration of eleven stipulated factors; that fault be a consideration in determining the lump sum award, but not be a bar thereto; that spousal and child support are interrelated with the lump sum award and may be effected by such award; and that the divorce decree may affirm, ratify or incorporate a proper agreement between the parties.