BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1483|
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THIRD READING
Bill No: SB 1483
Author: Alquist (D)
Amended: 5/26/06
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 4/25/06
AYES: Dunn, Ackerman, Escutia, Kuehl
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : 12-0, 5/25/06
AYES: Murray, Aanestad, Alarcon, Alquist, Ashburn, Battin,
Dutton, Escutia, Florez, Poochigian, Romero, Torlakson
NO VOTE RECORDED: Ortiz
SUBJECT : Child support modification orders
SOURCE : Orange County Department of Child Support
Services
Fresno County Department of Child Support
Services
San Mateo County Department of Child Support
Services
DIGEST : This bill creates a five county pilot project to
expedite the uncontested modification of child support
orders upon request by a local child support agency
predicated upon each of the County Board of Supervisors
adopting a resolution to implement the program.
ANALYSIS : Existing law makes local child support
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agencies responsible for establishing, modifying and
enforcing child support obligations.
Existing law allows individuals seeking modification of
their child support orders to either contact their local
child support agency or file a motion with the court
requesting modification.
Existing law provides a formula to calculate the state
guideline child support. Courts have discretion to deviate
from this calculation when necessary.
Existing federal law conditions grants of funds to states
under the Personal Responsibility and Work Opportunity
Reconciliation Act upon the creation of expedited
procedures for the establishment, modification and
enforcement of child support.
Existing law provides for an expedited child support order
process to provide support during the pendency of a support
action.
This bill establishes a procedure for the expedited
modification of child support orders. Local child support
agencies could seek modification of child support orders
when those orders are not in substantial conformance with
state guidelines. (This bill will not apply to
modification orders sought solely by a parent.)
This bill requires agencies to serve instructions, a copy
of the application to modify child support, a child support
guideline worksheet, the proposed order of support and
objection to modification and request for hearing upon both
parties. Parties will have 30 days to file their objection
along with their completed income and expense form and
either their three most recent pay stubs or tax return.
The bill requires the court to set a hearing for the
objections. At that hearing, the court may enter a child
support order in compliance with state guidelines.
This bill allows local child support agencies to file their
proposed order and declaration in support of the order,
including a statement verifying service on the parties and
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absence of received objection. The court may issue a final
order upon receipt of those documents. No process is
currently included for objections received after the 30-day
time frame to object. The author commits to working on
language with Judicial Council for an appeals procedure.
This bill provides that any order modified pursuant to this
section be effective the first day of the month following
the date of service of the application to modify child
support on the parties.
The bill and its provisions establish a pilot project in
the Counties of Alameda, Fresno, Orange, San Mateo and
Santa Clara, provided the County Board of Supervisors adopt
resolutions that make these provisions applicable.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08
2008-09 Fund
Court costs -- Unknown, potential
reduction --
State mandated
program -- Unknown,
non-reimburseable -- General
Compile & report data $ 25
General
Develop & promulgate
regulations --
Unknown -- General
SUPPORT : (Verified 5/26/06)
Orange County Department of Child Support Services
(co-source)
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Fresno County Department of Support Services (co-source)
San Mateo County Department of Child Support Services
(co-source)
San Mateo County Board of Supervisors
County of Fresno Board of Supervisors
Child Support Directors Association
San Mateo County Board of Supervisors
Orange County Board of Supervisors
Alameda County Department of Child Support Services
ARGUMENTS IN SUPPORT : According to the author's office,
federal law "requires states to have an expedited process
for modification of child support orders." While an
existing procedure already exists for expedited creation of
child support orders, no procedure exists for medication of
those orders. The author's office contends that this bill
would address "that deficiency by establishing pilot
projects in five California Counties - Alameda, Fresno,
Orange, San Mateo and Santa Clara - to test the use of an
expedited process for child support modifications."
Proponents, the Child Support Directors Association (CSDA),
contend that this expedited procedure will reduce court
workload and thus court time and cost required to modify
these orders. CSDA adds that "[t]he proposed procedure
would reduce the number of cases that go through the court
process, thus enabling the courts to calendar and hear the
cases that must be heard by the court in a timelier
manner." CSDA's letter of support also indicates that they
expect this procedure to "increase the percentage of
current support collected, reduce the accrual of arrears,
and increase the cost-effectiveness of [local child support
agencies]."
Finally, materials submitted by the author's office on
Hawaii's expedited program contend that "transfer of
Hawaii's proposed order practice [to] California would
present virtually no implementation challenges?the Hawaiian
practice is nearly identical to California's proposed
judgment practice."
RJG:cm 5/26/06 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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