BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1082
                                                                  Page  1

          Date of Hearing:   July 13, 2005

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                    SB 1082 (Morrow) - As Amended:   May 10, 2005

          Policy Committee:                              Judiciary  
          Vote:9-0

          Urgency:     Yes                  State Mandated Local Program:  
          Yes    Reimbursable: Yes          

           SUMMARY  

          This bill creates expedited modification of child support orders  
          for members of the California National Guard who are deployed  
          out-of-state. Specifically, this bill:

          1)Requires the court to make the modification of child support  
            orders retroactive to the date of deployment. 

          2)Requires that certain penalties and interest accrual not apply  
            to child support orders under this bill. 

          3)Requires the Department of Child Support Services (DCSS) to  
            work with the National Guard to provide members with  
            information about modification of support orders and requires  
            DCSS to develop a form within 90 days that would allow for the  
            modification of support without the guard member being  
            present. 

          4)Creates processes for the compromise of child support arrears  
            for members of the National Guard.

          5)Requires Judicial Council to create related forms. 

          6)Contains an urgency clause to provide child support relief to  
            members of the military deployed prior to January 1, 2006. 

           FISCAL EFFECT  

          Minor absorbable workload to DCSS and Judicial Council to create  
          forms and provide information about order modification and  
          compromise of arrears. 








                                                                  SB 1082
                                                                  Page  2


           COMMENTS  

           1)Rationale  . This bill, sponsored by the Armed Forces Retirees  
            Association of California, creates specific provisions for the  
            modification of child support orders and compromise of  
            arrearages for members of the California National Guard  
            deployed out-of-state. 

          Because Guard members are often deployed within several days of  
            notification, they are unable to attend to a host of  
            logistics. This bill will aid non-custodial parents in  
            adjusting child support orders to reflect changes in income.  
            In addition, the bill shields members from interest accrual  
            and related penalties. 

          This bill is not expected to significantly change the amount of  
            child support collected. For most parents, this bill will  
            reduce the amount of court-ordered child support to be paid  
            monthly. However, whether such orders are adjusted, child  
            support payments would likely be reduced if parental income  
            decreases as a result of deployment.  Research indicates that  
            when too much arrearages build up, or when orders are set too  
            high, some parents stop paying entirely. Therefore, this bill  
            may encourage consistent payment behavior. 

           2)Related Legislation  . SB 188 (Simitian), also being heard in  
            this committee today, establishes a National Guard income  
            disregard for the purposes of California Work Opportunity and  
            Responsibility to Kids (CalWORKs) program eligibility. The  
            bill bars the inclusion of earnings from active duty in the  
            California National Guard in determining CalWORKs eligibility  
            unless family income exceeds 250 percent of the federal  
            poverty level.  


           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081