BILL ANALYSIS Ó
AB 681
Page 1
Date of Hearing: August 27, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
AB 681 (Melendez and Skinner) - As Amended: July 8, 2013
FOR CONCURRENCE (PROPOSED CONSENT)
SUBJECT : SPOUSAL SUPPORT: CHILD ABUSE
KEY ISSUE : WHEN MAKING AN AWARD FOR SPOUSAL SUPPORT, SHOULD A
COURT BE REQUIRED TO CONSIDER EITHER PARTY'S HISTORY OF DOMESTIC
VIOLENCE AGAINST THEIR CHILDREN?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
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 and the ability of each
party to engage in employment considering the interests of
dependent children. In addition, the court is specifically
required to consider documented evidence of any history of
domestic violence between the parties, including convictions
resulting from that violence. 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. This non-controversial bill is supported by the
Association of Certified Family Law Specialists and has no known
opposition.
SUMMARY : Requires the court, when making an award of spousal
support, to consider either party's history of domestic violence
against either party's 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 party's children.
EXISTING LAW :
AB 681
Page 2
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. (Family Code Section 4330. Unless
stated otherwise, all further statutory references are to that
code.)
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. (Section 4320.)
3)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 dissolution of the marriage, or any time
thereafter. (Section 4325.)
4)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. (Section 4324.)
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
provided the dissolution is filed within five years of the
conviction or time served, as specified. (Section 4324.5.)
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 pleaded 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. Once out of
jail, he sought to have the spousal support reinstated, and
AB 681
Page 3
asked for $33,000 in past due support.
In California, 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. (See
Marriage of Askmo (2000) 85 Cal.4th 1032.) Courts are instead
required 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 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, the ability of each party
to engage in employment considering the interests of dependent
children, and any other factors that the court determines are
just and equitable. Of particular relevance here, the court is
also required to consider documented evidence of any history of
domestic violence between the parties.
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
spouse. Finally, in ordering a spousal support award, a court
must consider a documented history of domestic violence,
including but not limited to consideration of emotional distress
or violence committed by the supported spouse against the
supporting spouse.
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. This will
make sure that a judge appropriately considers any evidence that
one party committed child abuse against one of their children
when making a support order. This non-controversial bill is
supported by the Association of Certified Family Law Specialists
and has no known opposition.
REGISTERED SUPPORT / OPPOSITION :
AB 681
Page 4
Support
Association of Certified Family Law Specialists
Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334