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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