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)
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|COMMITTEE VOTE: |10-0 |(August 27, 2013) |RECOMMENDATION: |concur |
| | | | | |
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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
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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, 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, a 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 $1,300 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
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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
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: 0001902