BILL NUMBER: SB 415	CHAPTERED
	BILL TEXT

	CHAPTER  247
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2007
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2007
	PASSED THE SENATE  SEPTEMBER 4, 2007
	PASSED THE ASSEMBLY  AUGUST 30, 2007
	AMENDED IN ASSEMBLY  JULY 16, 2007
	AMENDED IN ASSEMBLY  JUNE 18, 2007

INTRODUCED BY   Senator Harman

                        FEBRUARY 21, 2007

   An act to add and repeal Section 4326 of the Family Code, relating
to spousal support.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 415, Harman. Spousal support: change of circumstances.
   Existing law authorizes a court to award child support and spousal
support. Existing law also authorizes the court to terminate or
modify an award of child or spousal support at any time as the court
determines to be necessary, except as specified. In this regard,
existing case law requires that the court grant a request for
modification of spousal support only if there is a material change of
circumstances, other than those accounted for in the previous order.

   Existing law also provides that the duration of child support
continues as to an unmarried child who has attained the age of 18
years, is a full-time high school student, and is not
self-supporting, until the child completes the 12th grade or attains
the age of 19 years, whichever occurs first.
   This bill would provide, until January 1, 2011, that in a
proceeding in which a spousal support order exists or in which the
court has retained jurisdiction over a spousal support order, if a
companion child support order is in effect, the termination of child
support pursuant to the latter provision described above specifying
the duration of child support shall constitute a change of
circumstances that may be the basis for a request for modification of
spousal support.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4326 is added to the Family Code, to read:
   4326.  (a) In a proceeding in which a spousal support order exists
or in which the court has retained jurisdiction over a spousal
support order, if a companion child support order is in effect, the
termination of child support pursuant to subdivision (a) of Section
3901 constitutes a change of circumstances that may be the basis for
a request for modification of spousal support.
   (b) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.