BILL NUMBER: SB 1355	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wright

                        FEBRUARY 19, 2010

   An act to add Section 4007.5 to the Family Code, relating to child
support.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1355, as introduced, Wright. Child support: suspension of
support order.
   Existing law provides that if a court orders a person to make
payments for child support until the occurrence of a specified event,
the obligation of the person ordered to pay support terminates on
the happening of the contingency.
   This bill would provide that the obligation of a person ordered to
pay child support is suspended for the period of time in which the
person ordered to pay support is incarcerated or institutionalized,
with a specified exception.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 4007.5 is added to the Family Code, to read:
   4007.5.  (a) Every money judgment or order for support of a child
shall provide that the obligation of the person ordered to pay
support shall be suspended for any period exceeding 30 consecutive
days in which the person ordered to pay support is incarcerated or
institutionalized.
   (b) Notwithstanding subdivision (a), the court may continue the
obligation of the person ordered to pay support of a child during a
period in which the person ordered to pay support is incarcerated or
institutionalized upon the request of the person to whom the support
payments are to be made, and upon a finding that the obligor has the
means to pay support while incarcerated or institutionalized.
   (c) For purposes of this section, "incarcerated or
institutionalized" includes, but is not limited to, involuntary
confinement to a state prison, county jail, juvenile facility
operated by the Division of Juvenile Facilities in the Department of
Corrections and Rehabilitation, or a mental health facility.