Amended in Senate March 28, 2014

Amended in Assembly January 15, 2014

Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 414

Introduced by Assembly Member Fox

February 15, 2013

An act to add Section 4326 to the Family Code, relating to spousal begin delete support end delete begin insert support, and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

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

Existing law, until January 1, 2014, 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, 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 reenact these provisions.

begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . 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.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to prevent unnecessary disruption to the judicial system
and to protect parties in family law cases who may be injured by
the January 1, 2014, sunset of former Section 4326 of the Family
Code, it is necessary that this act take effect immediately.

end insert