BILL NUMBER: SB 1482	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 19, 2010
	PASSED THE ASSEMBLY  AUGUST 5, 2010
	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  JUNE 17, 2010
	AMENDED IN ASSEMBLY  JUNE 7, 2010

INTRODUCED BY   Senator Wright

                        MARCH 8, 2010

   An act to amend Section 4326 of the Family Code, relating to
spousal support.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1482, 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 extend the above repeal date until January 1,
2014. The bill would revise these provisions to 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. The bill would also enumerate specified
circumstances in which termination of the child support order does
not constitute a change of circumstances.


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) Except as provided in subdivision (d), 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
terminates.
   (c) If a motion to modify a spousal support pursuant to
subdivision (a) is filed, either party may request the appointment of
a vocational training counselor pursuant to Section 4331.
   (d) Notwithstanding subdivision (a), termination of the child
support order does not constitute a change of circumstances under
subdivision (a) in any of the following circumstances:
   (1) The child and spousal support orders are the result of a
marital settlement agreement or judgment and the marital settlement
agreement or judgment contains a provision regarding what is to occur
when the child support order terminates.
   (2) The child and spousal support orders are the result of a
marital settlement agreement or judgment, which provides that the
spousal support order is nonmodifiable or that spousal support is
waived and the court's jurisdiction over spousal support has been
terminated.
   (3) The court's jurisdiction over spousal support was previously
terminated.
   (e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.