BILL NUMBER: AB 2440	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Klehs

                        FEBRUARY 23, 2006

   An act to add Section 1714.4 to the Civil Code, relating to child
support.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2440, as introduced, Klehs  Child support obligations:
liability.
   Existing law imposes joint and several liability upon a parent or
guardian for the injury done to another person by the child of that
parent or guardian under certain circumstances.
   This bill would impose joint and several liability upon any person
who knowingly assists a noncustodial child support obligor who has
an unpaid child support obligation to escape, evade, or avoid current
payment of those unpaid child support obligations. The bill would
also include a related statement of legislative findings and
declarations.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature hereby finds and declares the
following:
   (a) In California, there were an estimated $19 billion in unpaid
child support obligations as of January 2006.
   (b) The failure of a noncustodial parent to pay child support
obligations often subjects the child and the custodial parent to a
life of poverty or substandard living conditions, reduced access to
medical care, and diminished educational opportunities.
   (c) The failure of a noncustodial parent to satisfy court-ordered
or court-approved child support obligations depletes the State of
California of one of its most valued resources: the next generation
of healthy and well-educated Californians.
  SEC. 2.  Section 1714.4 is added to the Civil Code, to read:
   1714.4.  (a) Any person who knowingly assists a noncustodial child
support obligor who has an unpaid child support obligation to
escape, evade, or avoid paying court-ordered or court-approved child
support shall be jointly and severally liable for the amount of the
unpaid child support at the time the assistance was provided to the
child support obligee. The maximum liability imposed by this section
shall not exceed the value of the assistance provided, such as the
fair market value of the assets transferred or hidden, or the amount
of the wages or other compensation paid to the child support obligor
but not reported. Upon the satisfaction of the unpaid child support
obligation, this section shall not apply.
   (b) For purposes of this section, actions taken to knowingly
assist a child support obligor to escape, evade, or avoid paying
court-ordered or court-approved child support include, but are not
limited to, any of the following actions:
   (1) Helping to hide or transfer assets of the child support
obligor.
   (2) Hiring or employing the child support obligor as an employee
in a trade or business and failing to timely file a report of new
employees with the California New Employee Registry maintained by the
Employment Development Department.
   (3) Paying wages or other forms of compensation for services
rendered to a child support obligor in cash, via barter or trade, or
in any other form that is not reported to the Employment Development
Department.
   (4) Other actions that the Department of Child Support Services
determines to assist evasion of an outstanding unpaid child support
obligation.