Amended in Senate July 2, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 610

Introduced by Assembly Member Jones-Sawyer

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(Coauthors: Assembly Members Brown and Cristina Garcia)

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February 24, 2015

An act to repeal and add Section 4007.5 of the Family Code, relating to child support, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 610, as amended, Jones-Sawyer. Child support: suspension of support order.

Existing law, until July 1, 2015, provides that the obligation of a person to pay child support pursuant to an order that is being enforced by a local child support agency under Title IV-D of the Social Security Act is suspended for the period of time exceeding 90 days in which the person required to pay support is incarcerated or involuntarily institutionalized, with specified exceptions. Existing law requires that, upon the release of the obligor, the obligation to pay child support immediately resumes in the amount otherwise specified in the child support order prior to the suspension of that obligation. Existing law requires the court to provide notice to the parties of the support obligation suspension at the time the order is issued or modified. Existing law authorizes an obligor, upon release from incarceration or involuntary institutionalization, to petition the court for an adjustment of the arrears pursuant to the suspension of the support obligation.

This bill would instead specify that the suspension of the child support order occurs by operation of begin delete law, and end delete begin insert law. The bill, until January 1, 2020, end insert would authorize the local child support agency to administratively adjust account balances for cases managed by the agency if the agency verifies that arrears and interest were accrued in violation of these provisions, that specified conditions relating to the obligor’s inability to pay while incarcerated and the underlying offense for which he or she was incarcerated do not exist, and neither the obligor nor the obligee object to the adjustment. The bill would require the local child support agency to give begin delete written notice end delete begin insert notice, as prescribed, end insert of the adjustment to the obligor and obligee. If either the obligor or the obligee objects to the adjustment, the bill would require the agency to file a motion with the court to adjust the arrears and would allow the adjustment only after approval by the court. The bill would require the child support obligation to resume on the first day of the first full month after the release of the person owing support. begin insert Commencing January 1, 2020, an obligor, upon release from incarceration or involuntary institutionalization, would be authorized to petition the court for an adjustment of the arrears pursuant to the suspension of the support obligation. end insert The bill would require the Department of Child Support Services, in consultation with the Judicial Council, to develop forms to implement these provisions, and would require them to report specified information relating to these provisions to the Assembly Judiciary Committee and the Senate Judiciary Committee on or before January 1, 2019. begin delete The bill would make these provisions operative only until January 1, 2020, at which time, the existing law described above would again become operative. end delete

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 4007.5 of the Family Code is repealed.

SEC. 2.  

Section 4007.5 is added to the Family Code, to read:

4007.5.  

(a) Every money judgment or order for support of a
child shall be suspended, by operation of law, for any period
exceeding 90 consecutive days in which the person ordered to pay
support is incarcerated or involuntarily institutionalized, unless
either of the following conditions exist:

(1) The person owing support has the means to pay support
while incarcerated or involuntarily institutionalized.

(2) The person owing support was incarcerated or involuntarily
institutionalized for begin delete any end delete begin insert an end insert offense constituting domestic violence,
as defined in Section 6211, against the supported party or supported
child, or for begin delete any end delete begin insert an end insert offense that could be enjoined by a protective
order pursuant to Section 6320, or as a result of his or her failure
to comply with a court order to pay child support.

(b) The child support obligation shall resume on the first day
of the first full month after the release of the person owing support
in the amount previously ordered, and that amount is presumed to
be appropriate under federal and state law. This section does not
preclude a person owing support from seeking a modification of
the child support order pursuant to Section 3651, based on a change
in circumstances or other appropriate reason.

(c) (1) A local child support agency enforcing a child support
order under Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.) may, upon written notice of the proposed adjustment
to the support obligor and obligee along with a blank form provided
for the support obligor or obligee to object to the administrative
adjustment to the local child support agency, administratively
adjust account balances for cases managed by the agency if all of
the following occurs:

(A) The agency verifies that arrears and interest were accrued
in violation of this section.

(B) The agency verifies that neither of the conditions set forth
in paragraph (1) or (2) of subdivision (a) exist.

(C) Neither the support obligor nor obligee objects, within 30
days of receipt of the notice of proposed adjustment, whether in
writing or by telephone, to the administrative adjustment by the
local child support agency.

(2) If either the support obligor or obligee objects to the
administrative adjustment set forth in this subdivision, the agency
shall not adjust the order, but shall file a motion with the court to
seek to adjust the arrears and shall serve copies of the motion on
the parties, who may file an objection to the agency’s motion with
the court. The obligor’s arrears shall not be adjusted unless the
court approves the adjustment.

(3) The agency may perform this adjustment without regard to
whether it was enforcing the child support order at the time the
parent owing support qualified for relief under this section.

(d)  begin delete Nothing in this section prohibits end delete begin insert This section does not
prohibit end insert the local child support agency or a party from petitioning
a court for a determination of child support or arrears amounts.

(e) For purposes of this section, begin delete “incarcerated or involuntarily
institutionalized” includes, but is not limited to, involuntary
confinement to a state prison, county jail, juvenile facility operated
by the Division of Juvenile Facilities in the Department of
Corrections and Rehabilitation, or a mental health facility. end delete begin insert the
following definitions shall apply: end insert

begin insert

(1)“Incarcerated or involuntarily institutionalized” includes,
but is not limited to, involuntary confinement to the state prison,
a county jail, a juvenile facility operated by the Division of Juvenile
Facilities in the Department of Corrections and Rehabilitation,
or a mental health facility.

end insert begin delete

(f) For purposes of this section, “suspend”

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begin insert (2) end insert begin insert   end insert begin insert “Suspend” end insert means that the payment due on the current child
support order and any arrears payment, or interest resulting from
these amounts, is, by operation of law, set to zero dollars ($0) for
the period in which the person owing support is incarcerated or
involuntarily institutionalized.

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(g)

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begin insert (f) end insert  This section applies begin delete to all child support orders and
modifications issued on or after July 1, 2011. end delete begin insert as follows: end insert

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(1) To every money judgment of child support order issued or
modified on or after the enactment of this section.

end insert begin insert

(2) If a local child support agency is enforcing a child support
order under Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.), this section shall apply to an order or modification
issued on or after July 1, 2011.

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(h)

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begin insert (g) end insert  The Department of Child Support Services shall, by January
1, 2016, and in consultation with the Judicial Council, develop
forms to implement this section.

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(i)

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begin insert (h) end insert  On or before January 1, 2019, the Department of Child
Support Services and the Judicial Council shall conduct an
evaluation of the effectiveness of the administrative adjustment
process authorized by this section and shall report the results of
the review, as well as any recommended changes, to the Assembly
Judiciary Committee and the Senate Judiciary Committee. The
evaluation shall include a review of the ease of the process to both
the obligor and obligee, as well as an analysis of the number of
cases administratively adjusted, the number of cases adjusted in
court, and the number of cases not adjusted.

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(j)

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begin insert (i) end insert  This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

begin delete

SEC. 3.  

Section 4007.5 is added to the Family Code, to read:

4007.5.  

(a) Every money judgment or order for support of a
child that is being enforced by a local child support agency under
Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.)
shall provide the following:

(1) The obligation of the person ordered to pay support shall be
suspended for any period exceeding 90 consecutive days in which
the person ordered to pay support is incarcerated or involuntarily
institutionalized, unless the obligor has the means to pay support
while incarcerated or involuntarily institutionalized.

(2) The suspension of the support obligation shall only apply
for the period of time during which the obligor is incarcerated or
involuntarily institutionalized, after which the obligation shall
immediately resume in the amount otherwise specified in the child
support order.

(b) The court shall provide notice to the parties of the support
obligation suspension provided in subdivision (a) at the time the
order is issued or modified.

(c) Upon release from incarceration or involuntary
institutionalization, an obligor may petition the court for an
adjustment of the arrears pursuant to the suspension of the support
obligation authorized in subdivision (b). The obligor must show
proof of the dates of incarceration or involuntary
institutionalization, as well as proof that during that time, the
obligor did not have the means to pay the support. The obligor
shall serve copies of the petition to the support obligee and the
local child support agency, who may file an objection to the
obligor’s petition with the court. An obligor’s arrears shall not be
adjusted until the court has approved the petition.

(d) Notwithstanding subdivision (a), the court may deny the
obligor’s petition if it finds that the obligor was incarcerated or
involuntarily institutionalized for any offense constituting domestic
violence, as defined in Section 6211, against the support obligee
or supported child, or for any offense that could be enjoined by a
protective order pursuant to Section 6320, or as a result of his or
her failure to comply with a court order to pay child support.

(e) For purposes of this section, “incarcerated or involuntarily
institutionalized” includes, but is not limited to, involuntary
confinement to a state prison, county jail, juvenile facility operated
by the Division of Juvenile Facilities in the Department of
Corrections and Rehabilitation, or a mental health facility.

(f) For purposes of this section, “suspend” means that the child
support order is modified and set to zero dollars ($0) for the period
in which the obligor is incarcerated or involuntarily
institutionalized.

(g) This section applies to all child support orders and
modifications issued on or after July 1, 2011.

(h) This section shall become operative on January 1, 2020.

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begin insert SEC. 3. end insert   

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begin insert Section 4007.5 is added to the end insert begin insert Family Code end insert begin insert , to read: end insert

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begin insert 4007.5. end insert   

(a) Every money judgment or order for support of a
child shall be suspended, by operation of law, for any period
exceeding 90 consecutive days in which the person ordered to pay
support is incarcerated or involuntarily institutionalized, unless
either of the following conditions exist:

(1) The person owing support has the means to pay support
while incarcerated or involuntarily institutionalized.

(2) The person owing support was incarcerated or involuntarily
institutionalized for an offense constituting domestic violence, as
defined in Section 6211, against the supported party or supported
child, or for an offense that could be enjoined by a protective order
pursuant to Section 6320, or as a result of his or her failure to
comply with a court order to pay child support.

(b) The child support obligation shall resume on the first day
of the first full month after the release of the person owing support
in the amount previously ordered, and that amount is presumed
to be appropriate under federal and state law. This section does
not preclude a person owing support from seeking a modification
of the child support order pursuant to Section 3651, based on a
change in circumstances or other appropriate reason.

(c) The court shall provide notice to the parties of the support
obligation suspension provided in subdivision (a) at the time the
order is issued or modified.

(d) Upon release from incarceration or involuntary
institutionalization, an obligor may petition the court for an
adjustment of the arrears pursuant to the suspension of the support
obligation authorized in subdivision (b). The obligor must show
proof of the dates of incarceration or involuntary
institutionalization, as well as proof that, during that time, the
obligor did not have the means to pay the support. The obligor
shall serve copies of the petition to the support obligee and the
local child support agency, who may file an objection to the
obligor’s petition with the court. An obligor’s arrears shall not
be adjusted until the court has approved the petition.

(e)This section does not prohibit the local child support agency
or child support obligee from petitioning a court for a
determination of child support or arrears amounts under this
section.

(f) For purposes of this section, the following definitions shall
apply:

(1) “Incarcerated or involuntarily institutionalized” includes,
but is not limited to, involuntary confinement to the state prison,
a county jail, a juvenile facility operated by the Division of Juvenile
Facilities in the Department of Corrections and Rehabilitation,
or a mental health facility.

(2) “Suspend” means that the payment due on the current child
support order, arrears payment on preexisting arrears balance,
and interest on arrears created during qualifying periods of
incarceration under this section is, by operation of law, set to zero
dollars ($0) for the period during which the person owing support
is incarcerated or involuntarily institutionalized.

(g) This section applies as follows:

(1) To every money judgment or order for support of a child.

(2) If a local child support agency is enforcing the child support
orders under Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.), this section applies to any of those orders and
modifications issued on or after July 1, 2011.

(h) The Department of Child Support Services shall, by January
1, 2020, and in consultation with the Judicial Council, develop
forms to implement this section.

(i) This section shall become operative on January 1, 2020.

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SEC. 4.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to avoid an interruption in the protections provided by
Section 4007.5 of the Family Code, it is necessary that this bill
take effect immediately.