BILL NUMBER: AB 681	CHAPTERED
	BILL TEXT

	CHAPTER  455
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2013
	APPROVED BY GOVERNOR  OCTOBER 1, 2013
	PASSED THE SENATE  AUGUST 19, 2013
	PASSED THE ASSEMBLY  AUGUST 30, 2013
	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 the Family Code, relating to
spousal support.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 681, 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.


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 or 4325.
   (n) Any other factors the court determines are just and equitable.