Amended in Assembly January 15, 2014

Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 414


Introduced by Assembly Member Fox

February 15, 2013


An act tobegin delete amendend deletebegin insert addend insert Section 4326begin delete ofend deletebegin insert toend insert the Family Code, relating to spousal support.

LEGISLATIVE COUNSEL’S DIGEST

AB 414, as amended, Fox. Spousal support: modifications.

Existing law, until January 1, 2014,begin delete providesend deletebegin insert providedend insert that in a proceeding in which a spousal support order exists or in which the court has retained jurisdiction over a spousal support order, if a companion child support order is in effect, the termination of child support constitutes a change of circumstances that may be the basis for a request for modification of spousal support, except as specified. Existing lawbegin delete requiresend deletebegin insert, until January 1, 2014, requiredend insert that a motion to modify spousal support based on that change of circumstances be filed within 6 months of the termination of the child support order.

This bill wouldbegin delete extend the operation of these provisions indefinitelyend deletebegin insert reenact these provisionsend insert.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 4326 is added to the end insertbegin insertFamily Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert4326.end insert  

(a) Except as provided in subdivision (d), in a
4proceeding in which a spousal support order exists or in which
5the court has retained jurisdiction over a spousal support order,
6if a companion child support order is in effect, the termination of
7child support pursuant to subdivision (a) of Section 3901
8constitutes a change of circumstances that may be the basis for a
9request by either party for modification of spousal support.

10(b) A motion to modify spousal support based on the change of
11circumstances described in subdivision (a) shall be filed by either
12party no later than six months from the date the child support
13order terminates.

14(c) If a motion to modify a spousal support order pursuant to
15subdivision (a) is filed, either party may request the appointment
16of a vocational training counselor pursuant to Section 4331.

17(d) Notwithstanding subdivision (a), termination of the child
18support order does not constitute a change of circumstances under
19subdivision (a) in any of the following circumstances:

20(1) The child and spousal support orders are the result of a
21marital settlement agreement or judgment and the marital
22settlement agreement or judgment contains a provision regarding
23what is to occur when the child support order terminates.

24(2) The child and spousal support orders are the result of a
25marital settlement agreement or judgment, which provides that
26the spousal support order is nonmodifiable or that spousal support
27is waived and the court’s jurisdiction over spousal support has
28been terminated.

29(3) The court’s jurisdiction over spousal support was previously
30terminated.

end insert
begin delete
31

SECTION 1.  

Section 4326 of the Family Code is amended to
32read:

33

4326.  

(a) Except as provided in subdivision (d), in a proceeding
34in which a spousal support order exists or in which the court has
35retained jurisdiction over a spousal support order, if a companion
36child support order is in effect, the termination of child support
37pursuant to subdivision (a) of Section 3901 constitutes a change
P3    1of circumstances that may be the basis for a request by either party
2for modification of spousal support.

3(b) A motion to modify spousal support based on the change of
4circumstances described in subdivision (a) shall be filed by either
5party no later than six months from the date the child support order
6terminates.

7(c) If a motion to modify a spousal support order pursuant to
8 subdivision (a) is filed, either party may request the appointment
9of a vocational training counselor pursuant to Section 4331.

10(d) Notwithstanding subdivision (a), termination of the child
11support order does not constitute a change of circumstances under
12subdivision (a) in any of the following circumstances:

13(1) The child and spousal support orders are the result of a
14marital settlement agreement or judgment and the marital
15settlement agreement or judgment contains a provision regarding
16what is to occur when the child support order terminates.

17(2) The child and spousal support orders are the result of a
18marital settlement agreement or judgment, which provides that the
19spousal support order is nonmodifiable or that spousal support is
20waived and the court’s jurisdiction over spousal support has been
21terminated.

22(3) The court’s jurisdiction over spousal support was previously
23terminated.

end delete


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