BILL NUMBER: SB 1482 AMENDED
AMENDED IN ASSEMBLY JUNE 17, 2010
AMENDED IN ASSEMBLY JUNE 7, 2010
Committee on Governmental Organization
( Senators Wright (Chair),
Calderon, Denham, Florez, Harman, Negrete McLeod, Oropeza, Padilla,
Price, Wyland, and Yee ) Senator
MARCH 8, 2010
An act to amend Section 4326 of the Family Code, relating to
LEGISLATIVE COUNSEL'S DIGEST
SB 1482, as amended, Committee on Governmental
Organization Wright . Spousal support:
modification: change of circumstances.
Existing law provides that in a proceeding for dissolution of
marriage or for legal separation, the court may order a party to
submit to an examination by a vocational training counselor upon a
noticed motion, for good cause, by one of the parties. Existing law
authorizes a 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 provides, 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
shall constitute a change of circumstances that may be the basis for
a request for modification of spousal support.
This bill would delete the above repeal date, and would require
that a motion to modify spousal support on the basis of the change in
circumstances caused by the termination of a child support order be
filed within 6 months of the termination of the child support order.
The bill would authorize either party to request the appointment of a
vocational training counselor if a motion to modify spousal support
on that basis is filed.
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 4326 of the Family Code is amended 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 by either party for modification of spousal support.
(b) A motion to modify spousal support based on the change of
circumstances described in subdivision (a) shall be filed by either
party no later than six months from the date the child support order
(c) If a motion to modify a spousal support order pursuant to
subdivision (a) is filed, either party may request the appointment of
a vocational training counselor pursuant to Section 4331.