Amended in Senate May 15, 2014

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 BillNo. 414


Introduced by Assembly Member Fox

February 15, 2013


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

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 thesebegin delete provisions.end deletebegin insert provisions and would establish a retroactive effective date of January 1, 2014.end insert

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

Vote: 23. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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SECTION 1.  

Section 4326 is added to the Family Code, to
2read:

3

4326.  

(a) Except as provided in subdivision (d), in a proceeding
4in which a spousal support order exists or in which the court has
5retained jurisdiction over a spousal support order, if a companion
6child support order is in effect, the termination of child support
7pursuant to subdivision (a) of Section 3901 constitutes a change
8of circumstances that may be the basis for a request by either party
9for 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 order
13terminates.

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 the
26spousal support order is nonmodifiable or that spousal support is
27waived and the court’s jurisdiction over spousal support has been
28terminated.

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

begin insert

31(e) This section shall be effective retroactively as of January 1,
322014.

end insert
33

SEC. 2.  

This act is an urgency statute necessary for the
34immediate preservation of the public peace, health, or safety within
P3    1the meaning of Article IV of the Constitution and shall go into
2immediate effect. The facts constituting the necessity are:

3In order to prevent unnecessary disruption to the judicial system
4and to protect parties in family law cases who may be injured by
5the January 1, 2014, sunset of former Section 4326 of the Family
6Code, it is necessary that this act take effect immediately.



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