BILL NUMBER: AB 414 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2014
AMENDED IN SENATE MAY 15, 2014
AMENDED IN SENATE MARCH 28, 2014
AMENDED IN ASSEMBLY JANUARY 15, 2014
AMENDED IN ASSEMBLY JANUARY 6, 2014
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 these provisions and would
establish a retroactive effective date of January 1, 2014
authorize a party whose 6-month deadline to file expired between
January 1, 2014, and June 30, 2014, to file a motion pursuant to
these provisions until August 30, 2014 .
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. 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.
(e) This section shall be effective retroactively as of January 1,
2014.
(e) Notwithstanding subdivision (b), a party whose six-month
deadline to file expired between January 1, 2014, and June 30, 2014,
may file a motion pursuant to this section until August 30, 2014.
SEC. 2. 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:
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.