Amended in Senate July 16, 2015

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

(Coauthors: Assembly Members Brown and Cristina Garcia)

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.

begin delete

Existing law,

end delete

begin insert Prior law required, end insert until July 1, 2015, begin delete provides that end delete 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 begin delete is end delete begin insert to be end insert 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. begin delete Existing law requires end delete begin insert Prior law required end insert that, upon the release of the obligor, the obligation to pay child support immediately begin delete resumes end delete begin insert resume end insert in the amount otherwise specified in the child support order prior to the suspension of that obligation. begin delete Existing law requires end delete begin insert Prior law required end insert the court to provide notice to the parties of the support obligation suspension at the time the order begin delete is end delete begin insert was end insert issued or modified. begin delete Existing law authorizes end delete begin insert Prior law authorized end insert 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 begin delete instead specify that end delete begin insert enact similar provisions to require end insert the suspension of begin delete the end delete begin insert a end insert child support order begin delete occurs end delete begin insert to occur end insert by operation of begin delete law. end delete begin insert law when an obligor is incarcerated or voluntarily institutionalized, unless the obligor has the means to pay support, or the obligor was incarcerated or involuntarily institutionalized for either an offense constituting domestic violence or the failure to pay child support. end insert The bill, begin delete until January 1, 2020, end delete would begin insert also end insert 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 notice, as prescribed, 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 delete 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 delete 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 insert The bill would make these provisions operative only until January 1, 2020. end insert

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 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) (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) This section does not prohibit 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, the following definitions shall
apply:

(1) begin insert   end insert “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 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.

(f) This section applies as follows:

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

(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.

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

(h) 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.

(i) 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 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.

end delete

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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 begin delete avoid an end delete begin insert limit the duration of the end insert interruption in the
protections provided by Section 4007.5 of the Family Code, it is
necessary that this bill take effect immediately.