as amended, Wieckowski. Spousal support factors: domestic
begin delete violence conviction.end delete
Existing law requires that in any proceeding for dissolution of marriage where there is a criminal conviction for an act of domestic violence perpetrated by one spouse against the other spouse entered by the court within 5 years prior to the filing of the dissolution proceeding, or at any time thereafter, there is a rebuttable presumption affecting the burden of proof that any award of temporary or permanent spousal support to the abusive spouse otherwise awardable should not be made.end delete
This bill would provide that a plea of nolo contendere would constitute a criminal conviction for the above purposes.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
In ordering spousal support under this part, the court
4shall consider all of the following circumstances:
5(a) The extent to which the earning capacity of each party is
6sufficient to maintain the standard of living established during the
7marriage, taking into account all of the following:
8(1) The marketable skills of the supported party; the job market
9for those skills; the time and expenses required for the supported
10party to acquire the appropriate education or training to develop
11those skills; and the possible need for retraining or education to
12acquire other, more marketable skills or employment.
13(2) The extent to which the supported party’s present or
14earning capacity is impaired by periods of unemployment that
15were incurred during the marriage to permit the supported party
16to devote time to domestic duties.
17(b) The extent to which the supported party contributed to the
18attainment of an education, training, a career position, or a license
19by the supporting party.
20(c) The ability of the supporting party to pay spousal support,
21taking into account the supporting party’s earning capacity, earned
22and unearned income, assets, and standard of living.
23(d) The needs of each party based on the standard of living
24established during the marriage.
25(e) The obligations and assets, including the separate property,
26of each party.
27(f) The duration of the marriage.
28(g) The ability of the supported party to engage in gainful
29employment without unduly interfering with the interests of
30dependent children in the custody of the party.
31(h) The age and health of the parties.
begin delete evidenceend delete of any history of domestic violence, as defined in
34Section 6211, between the parties or perpetrated by either party
35against either party’s child, including, but not limited to,
P3 1consideration of emotional distress resulting from domestic
2violence perpetrated against the supported party by the supporting
3party, and consideration of any history of violence against the
4supporting party by the supported party.
5(j) The immediate and specific tax consequences to each party.
6(k) The balance of the hardships to each party.
7(l) The goal that the supported party shall be self-supporting
8within a reasonable period of time. Except in the case of a marriage
9of long duration as described in Section 4336, a “reasonable period
10of time” for purposes of this section generally shall be one-half
11the length of the marriage. However, nothing in this section is
12intended to limit the court’s discretion to order support for a greater
13or lesser length of time, based on any of the other factors listed in
14this section, Section 4336, and the circumstances of the parties.
15(m) The criminal conviction of
an abusive spouse shall be
16considered in making a reduction or elimination of a spousal
17support award in accordance with Section 4324.5 or 4325.
18(n) Any other factors the court determines are just and equitable.
Section 4325 of the Family Code is amended to
(a) In any proceeding for dissolution of marriage where
22there is a criminal conviction for an act of domestic violence
23perpetrated by one spouse against the other spouse entered by the
24court within five years prior to the filing of the dissolution
25proceeding, or at any time thereafter, there shall be a rebuttable
26presumption affecting the burden of proof that any award of
27temporary or permanent spousal support to the abusive spouse
28otherwise awardable pursuant to the standards of this part should
29not be made.
30(b) The court may consider documented evidence of a convicted
31spouse’s history as a victim of domestic violence, as defined in
32Section 6211, perpetrated by the other spouse, or any other factors
33the court deems just and equitable, as conditions for rebutting this
35(c) The rebuttable presumption created in this section may be
36rebutted by a preponderance of the evidence.
P4 1(d) Notwithstanding Section 1016 of the Penal Code, a plea of
2nolo contendere constitutes a criminal conviction for the purposes
3of this section.