BILL ANALYSIS Ó
AB 681
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 681 (Melendez and Skinner)
As Amended July 8, 2013
Majority vote
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|ASSEMBLY: | |(April 11, |SENATE: |37-0 |(August 19, |
| | |2013) | | |2013) |
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(vote not relevant)
Original Committee Reference: PUB.S.
SUMMARY : Requires the court, when making an award of spousal
support, to consider either parties' history of domestic
violence against either of the parties' children.
The Senate amendments delete the Assembly version of this bill,
and instead require the court, when making an award of spousal
support, to consider a history of domestic violence against
either of the parties' children.
EXISTING LAW :
1)Allows a court to order one party to a dissolution or legal
separation to pay spousal support to the other party for a
period of time that the court determines is just and
reasonable, as provided.
2)Requires the court, when determining whether to award spousal
support, to consider specified circumstances, including a
documented history of domestic violence and any criminal
convictions of an abusive spouse. In addition to the
specified factors, authorizes the court to consider any other
factors that the court determines are just and equitable in
determining a spousal support award.
3)Provides, in addition to any other remedy, when a spouse is
convicted of attempting to murder the other spouse, or
soliciting the murder of the other spouse, the convicted
spouse shall be prohibited from receiving any temporary or
permanent award of spousal, medical, life or other insurance
benefits or payments from the injured spouse.
4)Provides, in addition to any other remedy authorized by law,
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that when a spouse is convicted of attempting to murder the
other spouse, or of soliciting the murder of that spouse, the
injured spouse is entitled to all the community property
interest in the retirement and pension benefits of the injured
spouse.
5)Provides that in any proceeding for dissolution of a marriage,
where there is a criminal conviction for a violent sexual
felony perpetrated by one spouse against the other, an award
of spousal support to the convicted spouse is prohibited.
Authorizes the court, when one spouse is convicted of a
violent sexual felony against the other, to order attorney
fees be covered out of community property assets, and provides
that the injured spouse is entitled to 100% of his or her
interest in pension or retirement benefits.
6)Creates a rebuttable presumption against an award for
temporary or permanent spousal support to a spouse convicted
of domestic violence against the other spouse within five
years of filing for a dissolution of the marriage, or any time
thereafter.
FISCAL EFFECT : None
COMMENTS : This bill is a response to a recent Los Angeles case.
In 2007, petitioner 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 the
petitioner to pay her ex-husband $1300 per month in support.
Last year, her ex-husband 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, he seeks to have the spousal support reinstated, and is
asking for $33,000 in past due support.
For the most part, spousal support is discretionary. However,
existing law specifically restricts a court's ability to award
spousal support in a few situations. First, when a spouse is
convicted of attempted murder of a spouse, no award of spousal
support is available to the convicted spouse. Secondly, 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. When a spouse is
convicted of domestic violence against the other, a presumption
is created against an award of spousal support to the convicted
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spouse. Finally, in ordering a spousal support award, a court
must consider specified factors, including a documented history
of domestic violence and "any other factors the court determines
are just and equitable." In addition, the law allows a support
order to be modified or terminated at any time the court
determines to be necessary.
This bill specifically ensures that a court consider any
documented evidence of abuse against either of the parties'
children when considering a spousal support order.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0001524