BILL NUMBER: AB 681 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 8, 2013
AMENDED IN SENATE MAY 24, 2013
AMENDED IN ASSEMBLY APRIL 9, 2013
INTRODUCED BY Assembly Members Melendez and Skinner
FEBRUARY 21, 2013
An act to amend Section 4320 of , and to add Section
4324.7 to, the Family Code, relating to spousal support.
LEGISLATIVE COUNSEL'S DIGEST
AB 681, as amended, Melendez. Spousal support.
Existing law requires a court to consider specified factors in
awarding spousal support, including documented evidence of any
history of domestic violence, as defined, between the parties.
This bill would require a court to also consider as a factor
domestic violence perpetrated by either party against either party's
child, as specified.
Existing law provides that when a spouse is convicted of a
specified violent sexual felony against the other spouse, an award of
spousal support to the convicted spouse from the injured spouse is
prohibited, and the injured spouse is entitled to 100% of the
community property interest in the retirement and pension benefits of
the injured spouse. Existing law requires a family court to consider
the criminal conviction of an abusive spouse in making a reduction
or elimination of a spousal support award in accordance with these
provisions.
This bill would prohibit the award of spousal support to a spouse
convicted of a violent sexual felony against a child that was
committed on or after January 1, 2014, in any proceeding for
dissolution of marriage filed on or after January 1, 2014. The bill
would provide that the conviction of this felony constitutes a change
in circumstances for purposes of a spousal support modification
request. The bill would require a family court to consider the
criminal conviction of an abusive spouse in making a reduction or
elimination of a spousal support award in accordance with these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4320 of the Family Code is amended to read:
4320. In ordering spousal support under this part, the court
shall consider all of the following circumstances:
(a) The extent to which the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following:
(1) The marketable skills of the supported party; the job market
for those skills; the time and expenses required for the supported
party to acquire the appropriate education or training to develop
those skills; and the possible need for retraining or education to
acquire other, more marketable skills or employment.
(2) The extent to which the supported party's present or future
earning capacity is impaired by periods of unemployment that were
incurred during the marriage to permit the supported party to devote
time to domestic duties.
(b) The extent to which the supported party contributed to the
attainment of an education, training, a career position, or a license
by the supporting party.
(c) The ability of the supporting party to pay spousal support,
taking into account the supporting party's earning capacity, earned
and unearned income, assets, and standard of living.
(d) The needs of each party based on the standard of living
established during the marriage.
(e) The obligations and assets, including the separate property,
of each party.
(f) The duration of the marriage.
(g) The ability of the supported party to engage in gainful
employment without unduly interfering with the interests of dependent
children in the custody of the party.
(h) The age and health of the parties.
(i) Documented evidence of any history of domestic violence, as
defined in Section 6211, between the parties or perpetrated by
either party against either party's child , including, but not
limited to, consideration of emotional distress resulting from
domestic violence perpetrated against the supported party by the
supporting party, and consideration of any history of violence
against the supporting party by the supported party.
(j) The immediate and specific tax consequences to each party.
(k) The balance of the hardships to each party.
( l ) The goal that the supported party shall be
self-supporting within a reasonable period of time. Except in the
case of a marriage of long duration as described in Section 4336, a
"reasonable period of time" for purposes of this section generally
shall be one-half the length of the marriage. However, nothing in
this section is intended to limit the court's discretion to order
support for a greater or lesser length of time, based on any of the
other factors listed in this section, Section 4336, and the
circumstances of the parties.
(m) The criminal conviction of an abusive spouse shall be
considered in making a reduction or elimination of a spousal support
award in accordance with Section 4324.5 , 4324.7,
or 4325.
(n) Any other factors the court determines are just and equitable.
SEC. 2. Section 4324.7 is added to the Family
Code, to read:
4324.7. (a) In any proceeding for dissolution of marriage filed
on or after January 1, 2014, where there is a criminal conviction for
a violent sexual felony that was committed by one spouse against a
child on or after January 1, 2014, and the petition for dissolution
is filed within five years following the conviction and any time
served in custody, on probation, or on parole, an award of spousal
support to the convicted spouse from the other spouse is prohibited.
(b) As used in this section, "violent sexual felony" means those
offenses described in paragraphs (3), (4), (5), (11), and (18) of
subdivision (c) of Section 667.5 of the Penal Code.
(c) As used in this section, "child" means a child as defined in
subdivision (e) of Section 6211.
(d) A criminal conviction for a violent sexual felony that was
committed by one spouse against a child, as described in subdivision
(a), shall constitute a change in circumstances for purposes of a
spousal support modification request. If a change in circumstances
occurs as a result of a conviction for a violent sexual felony as
described in subdivision (a), any spousal support owed in arrears to
the convicted spouse shall be vacated.
(e) A court may order a convicted spouse to repay to the other
spouse any spousal support received from the other spouse from the
date of commission of the violent sexual felony against a child, as
described in subdivision (a), to the date of conviction.