BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1727| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1727 Author: Silva (R) Amended: 3/15/12 in Assembly Vote: 21 SENATE JUDICIARY COMMITTEE : 4-0, 6/12/12 AYES: Evans, Harman, Corbett, Leno NO VOTE RECORDED: Blakeslee ASSEMBLY FLOOR : 78-0, 3/26/12 (Consent) - See last page for vote SUBJECT : Support orders: termination SOURCE : Conference of California Bar Associations DIGEST : This bill allows a support obligor to seek ex parte relief to terminate a wage assignment for support if past due support has been paid in full, including any interest due, if any following conditions exist: (1) the death or remarriage of the spouse; (2) the death or emancipation of the child; (3) a previous stay of wage assignment that was improperly terminated as specified; or (4) where an employer or the child support agency has been unable to deliver the support payments for at least six months due to the obligee's failure to notify them of his/her change of address. ANALYSIS : Existing law authorizes the court, in a judgment of dissolution of marriage or legal separation, to CONTINUED AB 1727 Page 2 order one party to pay spousal support to the other party in an amount and for a duration that the court deems just and reasonable based on factors, including the standard of living established during the marriage. (Family Code (FAM) Section 4330) Existing law imposes on parents a duty to support unmarried children under the age of 18 years. For a child who has attained the age of 18 years, but is still a full-time high school student and is not self-supporting, the duty of support is extended until the time the child completes the 12th grade or reaches 19 years of age, whichever occurs first. (FAM Section 3901) Existing law provides that except as otherwise agreed by the parties in writing, the obligation of a party to pay spousal support terminates upon the death of either party or the remarriage of the supported party. (FAM Section 4337) Existing law requires an employer to continue withholding and forwarding support as required by the assignment until served with a notice terminating the assignment order. (FAM Section 5325) Existing law provides that an employer who willfully fails to forward support pursuant to a valid assignment order is liable to the obligee for the amount not paid, and the failure is punishable as contempt. (FAM Section 5241) Existing law provides that the court shall terminate a wage assignment for collection of child or spousal support if all past due support has been paid in full and one of the following has occurred: for spousal support, death or remarriage of the supported spouse; for child support, death or emancipation of the supported child; there is good cause to terminate the assignment order, as specified; AB 1727 Page 3 there is no longer a current support order; a previous stay of the wage assignment was improperly terminated, as specified; or the employer or the child support agency has been unable to deliver the support payments for at least six months due to the obligee's failure to notify them of his/her change of address. (FAM Section 5240) Existing rules of court provides that a requesting party an ex parte motion must submit the request in writing and must notify all parties no later than 10:00 a.m. on the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice. (California Rules of Court 3.1200 et seq.) This bill allows a support obligor to seek ex parte relief to terminate a wage assignment for support if past due support and interest have been paid in full, and any of the following conditions exist: with respect to spousal support, the death or remarriage of the spouse; with respect to child support, the death or emancipation of the child; absence of a current support order; where a previous stay of wage assignment was improperly terminated, as specified; or the employer or the child support agency has been unable to deliver the support payments for at least six months due to the obligee's failure to notify them of his/her change of address. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/13/12) Conference of California Bar Associations (source) AB 1727 Page 4 The Executive Committee of the Family Law Section of the State Bar of California ARGUMENTS IN SUPPORT : In support of this bill, the author writes, "ÝFamily Code Section 5420] states that this termination Ýof a wage assignment] shall occur 'upon the filing and service of a motion and notice of motion by the obligor,' which some courts have construed to mean that it doesn't permit relief to be granted ex parte. The motion process can take weeks or months, during which time an employer cannot cease taking funds from an employee pursuant to an assignment order? Thus, where a court refuses to permit relief to be granted ex parte, a substantial amount of money can be taken from the obligor/supporting spouse's check, and perhaps even transferred automatically into the bank account of the deceased spouse, from which it is impossible or difficult to get back." ASSEMBLY FLOOR : 78-0, 3/26/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, 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: Gorell, Bonnie Lowenthal RJG:k 6/14/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** AB 1727 Page 5