BILL NUMBER: SB 285	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wright

                        FEBRUARY 24, 2009

   An act to amend Section 695.211 of, and to add Section 685.025 to,
the Code of Civil Procedure, and to add Sections 4510 and 4726.5 to
the Family Code, relating to support judgments.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 285, as introduced, Wright. Support judgments: interest accrual
and incarcerated persons.
   Existing law provides for spousal, family, and child support under
specified circumstances.
    Existing law also provides that interest commences to accrue on a
money judgment on the date of entry of judgment. Interest accrues at
the rate of 10% per annum on the principal amount of a money
judgment remaining unsatisfied. Existing law also establishes
penalties for the failure to pay court ordered child support not to
exceed 6% per month of the original amount of support arrearages or
support installment, and not to exceed 72% of the original amount
due. Those penalties may not be imposed under certain circumstances,
including when the obligor has suffered serious illness, disability,
or unemployment which substantially impaired the ability of the
support obligor to comply fully with the support order, as specified.

   This bill would provide that interest shall not accrue on a
judgment for spousal, child, or family support, as specified, while
the obligor is incarcerated in a county jail or state prison. The
bill would also exempt an obligor who is incarcerated in a county
jail or state prison from the penalties described above. The bill
would require a court to make an inquiry to determine whether the
obligor is incarcerated in a county jail or state prison whenever the
court issues an order for the payment of spousal or child support in
order to determine whether these provisions apply.
   These provisions would not apply if a court determines and makes a
finding on the record during or after the obligor's period of
incarceration that the obligor has sufficient resources to pay any
penalties or interest, as applicable, that would have accrued while
the obligor was incarcerated in a county jail or state prison.
   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.  Section 685.025 is added to the Code of Civil
Procedure, to read:
   685.025.  (a)  Notwithstanding Section 685.020, interest shall not
accrue on a money judgment for spousal or child support while the
obligor is incarcerated in a county jail or state prison.
   (b) Whenever a court issues or modifies an order for the payment
of spousal support or child support, the court shall make an inquiry
to determine whether the obligor is incarcerated in a county jail or
state prison.
   (c) This section shall not apply if a court determines and makes a
finding on the record during or after the obligor's period of
incarceration in a county jail or state prison that the obligor has
sufficient resources to pay any interest that would have accrued had
subdivision (a) been applicable.
  SEC. 2.  Section 695.211 of the Code of Civil Procedure is amended
to read:
   695.211.  (a)  Every   Unless Section 685.025
applies, every  money judgment or order for child support shall
provide notice that interest on arrearages accrues at the legal
rate.
   (b) The notice provisions required by this section shall be
incorporated in the appropriate Judicial Council forms.
   (c) Upon implementation of the California Child Support Automation
System prescribed in Chapter 4 (commencing with Section 10080) of
Part 1 of Division 9 of the Welfare and Institutions Code and
certification of the California Child Support Automation System by
the United States Department of Health and Human Services, whenever a
statement of account is issued by the local child support agency in
any child support action, the statement shall include a statement of
an amount of current support, arrears, and interest due.
  SEC. 3.  Section 4510 is added to the Family Code, to read:
   4510.  (a) Notwithstanding any other provision of law, interest
does not accrue on a judgment for spousal, child, or family support
while the obligor is incarcerated in a county jail or state prison.
   (b) Whenever a court issues or modifies an order to pay child,
spousal, or family support, the court shall enquire regarding whether
the obligor is incarcerated in a county jail or state prison in
order to determine whether this section and Section 4726.5 apply.
   (c) This section does not apply if the court determines and makes
a finding on the record during or after the obligor's period of
incarceration that the obligor has sufficient resources to pay the
interest that would otherwise accrue.
  SEC. 4.  Section 4726.5 is added to the Family Code, to read:
   4726.5.  This chapter shall not apply while the obligor is
incarcerated, unless a court has determined and made a finding on the
record before, during, or after the obligor's period of
incarceration in a county jail or state prison that the obligor has
sufficient financial resources to pay the penalties that would
otherwise accrue pursuant to this chapter.