BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 414| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: CONTINUED AB 414 Page 2 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. CONTINUED AB 414 Page 3 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) CONTINUED AB 414 Page 4 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, CONTINUED AB 414 Page 5 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 **** END **** CONTINUED