BILL NUMBER: AB 414	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 15, 2014
	AMENDED IN ASSEMBLY  JANUARY 6, 2014

INTRODUCED BY   Assembly Member Fox

                        FEBRUARY 15, 2013

   An act to  amend   add  Section 4326
 of   to  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,  provides 
 provided  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 law  requires
  , until January 1, 2014, required  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 would  extend the operation of these provisions
indefinitely   reenact these provisions  .
   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 4326 is added to the  
Family Code   , to read:  
   4326.  (a) Except as provided in subdivision (d), 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
pursuant to subdivision (a) of Section 3901 constitutes a change of
circumstances that may be the basis for a request by either party for
modification of spousal support.
   (b) A motion to modify spousal support based on the change of
circumstances described in subdivision (a) shall be filed by either
party no later than six months from the date the child support order
terminates.
   (c) If a motion to modify a spousal support order pursuant to
subdivision (a) is filed, either party may request the appointment of
a vocational training counselor pursuant to Section 4331.
   (d) Notwithstanding subdivision (a), termination of the child
support order does not constitute a change of circumstances under
subdivision (a) in any of the following circumstances:
   (1) The child and spousal support orders are the result of a
marital settlement agreement or judgment and the marital settlement
agreement or judgment contains a provision regarding what is to occur
when the child support order terminates.
   (2) The child and spousal support orders are the result of a
marital settlement agreement or judgment, which provides that the
spousal support order is nonmodifiable or that spousal support is
waived and the court's jurisdiction over spousal support has been
terminated.
   (3) The court's jurisdiction over spousal support was previously
terminated.  
  SECTION 1.   Section 4326 of the Family Code is
amended to read:
   4326.  (a) Except as provided in subdivision (d), 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
pursuant to subdivision (a) of Section 3901 constitutes a change of
circumstances that may be the basis for a request by either party for
modification of spousal support.
   (b) A motion to modify spousal support based on the change of
circumstances described in subdivision (a) shall be filed by either
party no later than six months from the date the child support order
terminates.
   (c) If a motion to modify a spousal support order pursuant to
subdivision (a) is filed, either party may request the appointment of
a vocational training counselor pursuant to Section 4331.
   (d) Notwithstanding subdivision (a), termination of the child
support order does not constitute a change of circumstances under
subdivision (a) in any of the following circumstances:
   (1) The child and spousal support orders are the result of a
marital settlement agreement or judgment and the marital settlement
agreement or judgment contains a provision regarding what is to occur
when the child support order terminates.
   (2) The child and spousal support orders are the result of a
marital settlement agreement or judgment, which provides that the
spousal support order is nonmodifiable or that spousal support is
waived and the court's jurisdiction over spousal support has been
terminated.
   (3) The court's jurisdiction over spousal support was previously
terminated.