BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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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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