BILL NUMBER: AB 1727	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 15, 2012

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 amended, 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   Under  existing law, upon the
filing and service of a motion and a notice of motion by the obligor,
 the court is required to terminate  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  and if
certain conditions exist  .  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   request   ex parte relief
in lieu of the filing and service requirements described above,
except in specified circumstances  .
   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.   (a)    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,  thecourt 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) 
    (1)  With regard to orders for spousal support, the
death or remarriage of the spouse to whom support is owed. 
   (b) 
    (2)  With regard to orders for child support, the death
or emancipation of the child for whom support is owed. 
   (c) 
    (3)  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) 
    (4)  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) 
    (5)  There is no longer a current order for support.

   (f) 
    (6)  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) 
    (7)  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. 
   (b) In lieu of filing and serving a motion and a notice of motion
pursuant to subdivision (a), an obligor may request ex parte relief,
except ex parte relief shall not be available in the circumstances
described in paragraphs (3) and (4) of subdivision (a).