BILL NUMBER: AB 1727	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 16, 2012

   An act to amend Section 5240 of the Family Code, relating to
support orders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1727, as introduced, Silva. Support orders: termination.
   Existing law governs court orders for spousal support in
proceedings for dissolution of marriage or legal separation of the
parties. Existing law also establishes statewide uniform guidelines
for calculating court-ordered child support. A court ordering spousal
or child support is required to include in its order an earnings
assignment order for support, ordering the obligor's employer to pay
a specified portion of the obligor's earnings to the obligee. under
existing law, upon the filing and service of a motion and a notice of
motion by the obligor, an earnings assignment order for spousal
support may be terminated if, among other things, the spouse has died
or remarried and any past due support has been paid in full. An
earnings support order for child support may be terminated if any
past due support has been paid in full and the child has died or has
been emancipated.
   This bill would authorize an obligor to file an ex parte motion or
order to show cause for termination of the earnings assignment order
if the spouse or child being supported by the individual has died.
   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 5240 of the Family Code is amended to read:
   5240.  Upon the filing and service of a motion and a notice of
motion by the obligor,  or if the obligee has   died,
upon the filing of an ex parte motion or order to show cause by the
obligor,  the court shall terminate the service of an assignment
order if past due support has been paid in full, including any
interest due, and if any of the following conditions exist:
   (a) With regard to orders for spousal support, the death or
remarriage of the spouse to whom support is owed.
   (b) With regard to orders for child support, the death or
emancipation of the child for whom support is owed.
   (c) The court determines that there is good cause, as defined in
Section 5260, to terminate the assignment order. This subdivision
does not apply if there has been more than one application for an
assignment order.
   (d) The obligor meets the conditions of an alternative arrangement
specified in paragraph (2) of subdivision (b) of Section 5260, and a
wage assignment has not been previously terminated and subsequently
initiated.
   (e) There is no longer a current order for support.
   (f) The termination of the stay of an assignment order under
Section 5261 was improper, but only if that termination was based
upon the obligor's failure to make timely support payments as
described in subdivision (b) of Section 5261.
   (g) The employer or agency designated to provide services under
Title IV-D of the Social Security Act or the State Disbursement Unit
is unable to deliver payment for a period of six months due to the
failure of the obligee to notify that employer or agency or the State
Disbursement Unit of a change in the obligee's address.