BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 414|
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THIRD READING
Bill No: AB 414
Author: Fox (D)
Amended: 6/16/14 in Senate
Vote: 27 - Urgency
SENATE JUDICIARY COMMITTEE : 7-0, 6/10/14
AYES: Jackson, Anderson, Corbett, Lara, Leno, Monning, Vidak
ASSEMBLY FLOOR : 75-0, 1/21/14 - See last page for vote
(Consent)
SUBJECT : Spousal support: modifications
SOURCE : Family Law Section of the State Bar (FLEXCOM)
DIGEST : This bill provides that in a proceeding in which a
spousal support order exists or the court has retained
jurisdiction over a support order, and a companion child support
order is in effect, the termination of child support by
operation of law shall constitute a change of circumstances that
may be the basis for a request for modification of spousal
support. This bill also requires a party to file a motion to
modify spousal support within six months from the day the
spousal support terminates, allows either party to require the
appointment of a vocational training counselor, and exempts
marital settlement agreements.
ANALYSIS :
Existing law:
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1.Authorizes the court, in a judgment of dissolution of marriage
or legal separation, to order one party to pay spousal support
to the other party in an amount and for a duration that the
court deems just and reasonable based on the standard of
living established during the marriage.
2.Imposes on parents a duty to support an unmarried child who
has not attained the age of 18 years. For a child who has
attained the age of 18 years, but is still a full-time high
school student and is not self-supporting, the duty of support
is extended until the time the child completes the 12th grade
or attains the age of 19 years, whichever occurs first.
3.Provides, until January 1, 2014, 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 shall constitute a change of circumstances that
may be the basis for a request for modification of spousal
support.
4.Provides, until January 1, 2014, that a motion to modify
spousal support based on the change of circumstances described
above be filed within six months of the termination of the
child support order.
5.Authorizes, until January 1, 2014, either party to request the
appointment of a vocational training counselor if a motion to
modify spousal support on that basis is filed.
6.Provides, until January 1, 2014, that the termination of a
child support order would not constitute a change of
circumstances in cases that have resolved pursuant to a
stipulated marital settlement agreement where one of the
following is true: (a) the agreement or judgment contains a
provision regarding what is to occur when the child support
order terminates; or (b) the agreement or judgment provides
that the spousal support order is non-modifiable, spousal
support has been waived, and the court's jurisdiction over
spousal support has been terminated.
This bill re-enacts provisions of existing law, regarding
spousal support modifications that sunsetted on January 1, 2014.
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This bill also clarifies that a party whose six-month deadline
to file expired between January 1, 2014, and June 30, 2014, may
file a motion until August 30, 2014.
Background
Under existing law, child support obligations are calculated
using mandatory statewide guidelines. (Fam. Code Sec. 4055.)
Spousal support, on the other hand, is calculated using the
factors enumerated in Family Code Section 4320. Among the
factors considered are the ability of the supporting party to
pay spousal support and the obligations and assets of each
party. (Fam. Code Sec. 4320(c) & (f).) Assuming continuing
spousal support jurisdiction, a spousal support modification may
be granted only if the party seeking the modification shows a
material change of circumstances since the most recent order.
(In re Marriage of Tydlaska (2003) 114 Cal.App.4th 572, 575; In
re Marriage of Bower (2002) 96 Cal.App.4th 893, 899.)
Prior to 2008, the termination of the child support order by
operation of law did not automatically allow the party who had
received the child support to go back to court to seek either
new spousal support or a modification of existing spousal
support. (In re Marriage of Lautsbaugh (1999) 72 Cal.App.4th
1131.) However, in 2007 the Legislature enacted SB 415 (Harman,
Chapter 247, Statutes of 2007), which provided that in a
proceeding in which a spousal support order exists and a
companion child support order is in effect, the termination of
child support by operation of law shall constitute a change of
circumstances that may be the basis for a request for
modification of spousal support. SB 415 contained a sunset of
three years to allow the Legislature sufficient time to evaluate
the impact of the legislation. SB 1482 (Wright, Chapter 297,
Statutes of 2010) extended the sunset for an additional three
years and required that motions for modification of spousal
support based on termination of child support be filed within
six months, and allowed parties to request the appointment of a
vocational counselor.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/17/14)
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Family Law Section of the State Bar (FLEXCOM) (source)
Association of Certified Family Law Specialists
OPPOSITION : (Verified 6/17/14)
National Parents Organization of California
ARGUMENTS IN SUPPORT : According to the author, "This bill
seeks to reinstate Family Code Section 4326, which expired on
January 1, 2014, due to a three year sunset provision. This
bill would maintain family law rules on spousal support
modification that have been in effect from 2008 to 2013.
Specifically Section 4326 considers a child graduating from high
school as a change of circumstance so a party may seek a
modification of spousal support when the child support order is
no longer in effect. If Section 4326 is not reenacted, a
termination of child support will no longer constitute a change
of circumstances and a modification of spousal support on these
grounds may not be permitted. This bill contains an urgency
clause in order to protect parties in family law cases who may
be injured by the January 1, 2014 sunset in the former Section
4326."
ARGUMENTS IN OPPOSITION : The National Parents Organization of
California writes in opposition that this bill "serves to
confuse these two separate support mechanisms, suggesting that
the financial needs of the child are directly related to the
financial needs of one parent. Already, support of either type
can be revisited if a life-event occurs. Because of this, at
best this bill is not necessary. What it does, however, is
entangle the issues of spousal support and child support, which
can further inflame the conflict between parties and cause
financial turmoil. Neither of these situations improves the
life of the child - and we argue that they cause further harm."
ASSEMBLY FLOOR : 75-0, 1/21/14
AYES: Achadjian, Alejo, Allen, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Morrell, Mullin, Muratsuchi,
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Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Rodriguez, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Yamada,
John A. Pérez
NO VOTE RECORDED: Ammiano, Beth Gaines, Grove, Ridley-Thomas,
Williams
AL:e 6/15/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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