BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1406|
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CONSENT
Bill No: AB 1406
Author: Assembly Judiciary Committee
Amended: 6/6/12 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/19/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
ASSEMBLY FLOOR : 73-0, 5/2/11 (Consent) - See last page for
vote
SUBJECT : Dissolution of marriage: proceedings
SOURCE : Author
DIGEST : This bill requires the petitioner in a marriage
dissolution proceeding, to serve the preliminary
declaration of disclosure either concurrently or within 60
days of filing the petition, and requires the respondent to
serve the other party concurrently with the response to the
petition or within 60 days of filing the response. This
bill allows for those time periods to be extended by
written agreement of the parties or by court order. The
bill requires the preliminary declaration of disclosure of
assets to include all tax returns filed by the declarant
within the two years prior to the date that the party
served the declaration. This bill makes clarifying changes
regarding attorney fee awards and minor's counsel.
ANALYSIS : Existing law provides that parties to a
CONTINUED
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dissolution or legal separation must serve on the other
party a preliminary declaration of disclosure of all assets
and liabilities in which one or both parties may have an
interest. (Family Code (FAM) Section 2103.)
Existing law provides that the preliminary declaration of
disclosure of assets must be served after or concurrently
with service of the petition for dissolution of marriage or
legal separation of the parties, and must be signed under
penalty of perjury. (FAM Code Sec. 2104.)
Existing law prohibits the court from entering a judgment
regarding the parties' property rights in a dissolution
proceeding unless each party has submitted a final
disclosure declaration and a current income and expense
declaration. (FAM Code Sec. 2106.)
Existing law provides for specified remedies if one party
does not serve the other party with the preliminary or
final declaration of disclosure. These remedies are only
available if the complying party served the noncomplying
party. (FAM Code Sec. 2107.)
This bill requires preliminary disclosure declarations to
include all tax returns filed by the declarant within the
two years prior to the date that the declarant serves the
declaration.
This bill requires the petitioner to serve the other party
with the preliminary declaration of disclosure either
concurrently with the petition for dissolution, or within
60 days of filing the petition. This bill requires the
respondent to serve the other party with the preliminary
declaration of disclosure either concurrently with the
response to the petition, or within 60 days of filing the
response.
This bill allows these time periods to be extended by
written agreement of the parties or by court order.
Existing law provides that an award of attorney's fees in
paternity cases shall be based on the respective income and
needs of the parties, and any factors affecting the
parties' ability to pay. (FAM Code Sec. 7605.)
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This bill requires the court, in any paternity proceeding
where one party has requested that the other party pay
attorney's fees, to make findings on whether an award of
attorney's fees is appropriate, whether there is a
disparity in access to retain counsel, and whether one
party is able to pay for legal representation for both
parties before awarding attorney's fees to a party.
Existing law provides that the court, in a custody or
visitation proceeding, may appoint minor's counsel if the
appointment is in the best interest of the child. Minor's
counsel and the court must comply with specified rules of
court. Minor's counsel must serve notice and pleadings,
and present evidence consistent with requirements for
parties. (FAM Code Secs. 3150-51.)
This bill deletes the requirement that a court consider a
statement of issues and contentions from minor's counsel.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/21/12)
Association of Certified Family Law Specialists
Executive Committee of the Family Law Section of the State
Bar
Judicial Council of California
ARGUMENTS IN SUPPORT : The author writes, "AB 1406 makes
three non-controversial and technical clean-up changes to
AB 939 (Judiciary). First, the bill applies the attorney's
fees standard developed by the Elkins Task Force and
established in AB 939 for dissolution, child support and
custody cases to paternity cases as well. Second, the bill
eliminates reference to a minor's counsel statement of
issues and contentions, which was eliminated by changes in
AB 939 (Section 3151), but one section (Section 3151.5) was
inadvertently left unchanged. Finally, consistent with
Elkins, the bill requires that dissolution disclosure
documents include tax returns and that the preliminary
disclosure declaration be served by the petitioner within
60 days of filing of the petition and by the respondent
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within 60 days of filing of the response."
ASSEMBLY FLOOR : 73-0, 5/2/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Furutani, Garrick, Gatto, Gordon,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Charles Calderon, Fuentes, Galgiani,
Gorell, Roger Hernández, Mendoza, Vacancy
RJG:d 6/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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