BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1727|
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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
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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;
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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)
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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
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