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