BILL NUMBER: SB 1483	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 17, 2006

INTRODUCED BY   Senator Alquist

                        FEBRUARY 23, 2006

   An act to add and repeal Section 17441 of the Family Code,
relating to child support.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1483, as amended, Alquist  Child support.
   Existing law sets forth provisions by which a child support order
may be revised by the court and specifies that a support order may
not be modified or terminated as to an amount that accrued before
filing of a motion or an order to show cause to modify, except as
specified.
   This bill, effective until January 1, 2009, would establish a
child support pilot project for the counties of Alameda, Fresno,
Orange, San Mateo, and Santa Clara. The bill would authorize the
court in those counties to modify a child support order when a local
child support agency submits an application for modification of
support that complies with specified provisions. The bill would
specifically authorize a local child support agency to seek
modification of an existing child support order or to set an amount
for support when the issue has been reserved if it determines that an
existing order is not in substantial conformity with state child
support guidelines, as specified.
   The bill would also establish procedures by which a party may
object to the proposed order. The bill would require each county to
work in conjunction with the local courts to develop necessary and
appropriate forms for implementation of the expedited order
modification process and would require the Department of Child
Support Services to compile appropriate statistics to determine the
effectiveness of this pilot project and report the results to the
Governor and the Legislature by July 1, 2008. By placing additional
duties on local officials, the bill would impose a state-mandated
local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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


  SECTION 1.  Section 17441 is added to the Family Code, to read:
   17441.  (a) Whenever a local child support agency is providing
child support services pursuant to Title IV-D of the Social Security
Act and pursuant to Section 17400, 17402, or 17404, the court
 shall   may  modify a child support order
when a local child support agency submits an application for
modification of support in compliance with this section. An order
issued pursuant to this section shall be known as an expedited
modification order.
   (b) The local child support agency may seek modification of an
existing child support order or to set an amount for support when the
issue has been reserved if it determines that an existing order is
not in substantial conformity with state child support guidelines. An
order is not in substantial compliance when a guideline calculation
on the present factors results in a change of 20 percent or fifty
dollars ($50) to the existing order, whichever is less.
   (c) To establish an expedited modification order the local child
support agency shall serve an application to modify child support,
child support guideline worksheet, proposed order of support,
objection to modification and request for hearing, and objection to
support modification instructions on both parents. The child support
guideline worksheet shall include a simple to read statement of the
financial and visitation factors used to determine the guideline
level of child support. Service of the application and supporting
documents may be made as specified in  Section 1013 of
 the Code of Civil Procedure.
   (d) A party may object to the proposed order and request a hearing
by serving the local child support agency, within 30 days of receipt
of the application to modify child support, with all of the
following: (1) an objection to modification and request for hearing,
(2) a completed income and expense declaration, and (3) either the
three most recent pay stubs or the most recent income tax return. The
objection shall include a declaration that identifies the reason why
the proposed order is not appropriate.
   (e) Upon receipt of an objection, the local child support agency
shall file the objection with the court. The court shall set the
matter for hearing within 45 days of receipt. The local child support
agency shall give each party  30-days'   30
days'  written notice of the hearing date. At the hearing on the
objection to the proposed order, the court shall enter a child
support order that is in accordance with the state child support
guideline.
   (f) If the local child support agency does not receive an
objection and request for hearing within 30 days of mailing the
application, it may file the proposed order with the court, along
with a declaration in support of final order, that shall include a
statement verifying that the local child support agency has
personally served or mailed service according to the requirements of
this section, and the local child support agency has not received an
objection to the proposed order. The court  shall 
 may  issue a final order of modification upon receipt of
these documents without further hearing or evidence.
   (g)  Any   Except for good cause shown, any
 order modified pursuant to the terms of this section shall be
effective on the first day of the month following the date service of
the application and supporting documents is complete, as provided in
Section 1013 of the Code of Civil Procedure.
   (h) This section shall apply only to the counties of Alameda,
Fresno, Orange, San Mateo, and Santa Clara as a pilot project. The
Department of Child Support Services shall compile appropriate
statistics to determine the effectiveness of this pilot project and
shall report the results of the pilot project to the Governor and the
Legislature on or before July 1, 2008.
   (i) Each county shall work in conjunction with the local courts to
develop necessary and appropriate forms for implementation of the
expedited order modification process.
   (j) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.