The Virginia General Assembly has passed a number of new laws which impact Virginia Family Law. The statutes discussed below went into effect July 1, 2004. I have highlighted what are probably the most significant new changes in the law.

Child Custody and Visitation

The legislature amended Subsection 9 of Virginia Code Section 20-124.3 to permit a court hearing custody and visitaton matters to permit a parent to ignore the obligations imposed on parents by Subsection 6 of 20-124.3 to encourage contact between children and the other parent. Under the amended Subsection 9, a parent does not have to encourage contact with the other parent where the other parent has committed “family abuse”. You can find a complete version of the new statute here.

Child Support

Virginia’s child support statute, Virginia Code Section 20-108.2, underwent several major changes.

Pursuant to 20-108.2, “gross income” is defined as all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits except as listed below, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans’ benefits, spousal support, rental income, gifts, prizes or awards. After July 1, the definition of “gross income” shall not include income received by a parent obligated to pay support from a second job taken, additional self employment engaged in, or from overtime worked taken order to pay off child support arrearages.

-By Rob Hagy

Photo of Rob Hagy Rob Hagy

Robert (“Rob”) R. Hagy, II Esq. is the owner and proprietor of the Law Offices of Rob Hagy, P.C. established in August, 2004 and located in Charlottesville, Virginia.  Mr. Hagy practices all aspects of Family and Divorce Law in the juvenile and circuit…

Robert (“Rob”) R. Hagy, II Esq. is the owner and proprietor of the Law Offices of Rob Hagy, P.C. established in August, 2004 and located in Charlottesville, Virginia.  Mr. Hagy practices all aspects of Family and Divorce Law in the juvenile and circuit courts of the cities and counties constituting Central Virginia (Charlottesville, Albemarle, Greene, Nelson, Louisa, Fluvanna, Orange, and Buckingham).  He is also available to consult with other attorneys in other jurisdictions around the Commonwealth and to represent clients in other jurisdictions around the Commonwealth as well.

Mr. Hagy graduated from Richlands High School in 1989.  In 1993, Mr. Hagy graduated from the University with a B.A. in History and a minor in the Environmental Sciences. While at Virginia, Mr. Hagy was a member of and eventually president of Alpha Delta Phi Fraternity.  He completed his academic career as a member of the Phi Alpha Theta History Academic Honors Society and the Order of Omega.  He received his J.D. from George Mason University in 1996.  Mr. Hagy was a member of the George Mason Law Review where he served as a Notes Editor in 1996.

Mr. Hagy began practicing in Charlottesville, Virginia in 1998 and came to Fluvanna County in 2002 to practice.  He served as the Assistant Commonwealth’s Attorney for Fluvanna County for two years from 2002 until 2004.

He is a member of the American Bar Association’s Section of Family Law, the Family Law Section of the Virginia State Bar, the Domestic Relations Section of the Virginia Bar Association, the Charlottesville Albemarle Bar Association, and the Family Law Section of the Virginia Trial Lawyers Association.

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