BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 681
Author: Melendez (R) and Skinner (D)
Amended: 7/8/13 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-0, 7/2/13
AYES: Walters, Anderson, Corbett, Jackson, Leno, Monning
NO VOTE RECORDED: Evans
ASSEMBLY FLOOR : 58-11, 4/11/13 - See last page for vote
SUBJECT : Spousal support
SOURCE : Author
DIGEST : This bill requires a court to consider as a factor in
awarding spousal support, domestic violence perpetrated by
either party against either party's child, as specified.
ANALYSIS :
Existing law:
1.Provides that spousal support is awardable without regard to
the merits or procedural posture of the case, and torts and
criminal acts are dealt with in their respective courts.
2.Requires courts to order spousal support in an amount, and for
a period of time that the court determines is just and
reasonable, based on the standard of living established during
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the marriage. In making spousal support awards, the court is
required to consider, among other factors, the marketable
skills of each party, the parties' ability to pay spousal
support, the needs of each party, the assets of each party, a
history of domestic violence between the parties, including
convictions resulting from that violence, and the ability of
each party to engage in employment considering the interests
of dependent children.
3.Provides that courts are given discretion in determining
spousal support awards because of the complexity of the
factors that must be considered and the individual
circumstances of the parties and families involved.
4.Restricts a court's ability to award spousal support only in a
handful of situations:
A. When a spouse is convicted of attempted murder of a
spouse, no award of spousal support is available to the
convicted spouse.
B. When a spouse is convicted of a violent sexual felony
against the other spouse, as specified, the convicted
spouse is prohibited from receiving an award of spousal
support.
C. When a spouse is convicted of domestic violence against
the other, a presumption is created against an award of
spousal support to the convicted spouse.
1.Provides that court may consider "any other factors the court
determines are just and equitable," when ordering a spousal
support award. Under this consideration, the court arguably
has the authority to take into account the criminal conviction
of a spouse when determining what is a just and equitable
spousal support award. In addition, existing law allows a
support order to be modified or terminated at any time the
court determines to be necessary.
This bill requires a court to consider as a factor in awarding
spousal support, domestic violence perpetrated by either party
against either party's child, as specified.
Background
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This bill is a response to a Los Angeles case concerning Carol
Abar. In 2007, Carol filed for divorce after her daughter
disclosed that her step-father had been raping her for years.
The court reasoned that in determining spousal support it could
not rely on mere allegations of abuse, and ordered Carol to pay
$1300 per month to Abar in support. Last year, Abar plead
guilty to one of the five rape charges and was sentenced to more
than a year in jail, during which time spousal support payments
were suspended. Now out of jail, Abar seeks to have the spousal
support reinstated, and is asking for $33,000 in past due
support.
Prior Legislation
AB 1522 (Atkins, Chapter 718, Statutes of 2012) prohibited an
award of spousal support to a spouse convicted of a violent
sexual felony against the other spouse, as specified.
AB 2674 (Block, Chapter 65, Statutes of 2010) prohibits an award
of spousal support to a spouse convicted of soliciting the
murder of the other spouse, as specified.
AB 16 (Rainey, Chapter 364, Statutes of 1995) provides that when
a spouse is convicted of attempting to murder the other spouse,
as specified, the injured spouse shall be entitled to 100% of
the community property interest in his or her retirement and
pension benefits, and a prohibition of specified support or
insurance benefits from the injured spouse to the other spouse,
as specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 7/8/13)
California Coalition Against Sexual Assault
California District Attorneys Association
California State Association of Counties
California State Sheriffs' Association
Crime Victims United of California
Los Angeles County District Attorney's Office
National Association of Social Workers - California Chapter
Riverside County District Attorney
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Women of Worth
ARGUMENTS IN SUPPORT : According to the author:
In cases where a spouse is convicted of a violent sexual
felony against the other spouse, the victimized spouse is
legally exempt from providing spousal support in a marriage
dissolution proceeding. However, in cases where the victim
is the spouse's child, the law makes no exception for the
not-guilty spouse in providing spousal support to the
convicted spouse.
ASSEMBLY FLOOR : 58-11, 4/11/13
AYES: Achadjian, Allen, Bigelow, Bloom, Bocanegra, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez,
Conway, Cooley, Dahle, Daly, Dickinson, Donnelly, Fong,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer,
Linder, Logue, Maienschein, Mansoor, Medina, Melendez,
Morrell, Mullin, Muratsuchi, Nestande, Olsen, Pan, Perea, V.
Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Torres,
Wagner, Waldron, Weber, Wilk, Williams
NOES: Alejo, Ammiano, Bonilla, Eggman, Levine, Mitchell,
Nazarian, Skinner, Stone, Ting, Wieckowski
NO VOTE RECORDED: Atkins, Blumenfield, Chesbro, Fox, Harkey,
Roger Hernández, Lowenthal, Patterson, Yamada, John A. Pérez,
Vacancy
AL:nl 7/9/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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