BILL NUMBER: SB 1355	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 12, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Wright

                        FEBRUARY 19, 2010

   An act to add Section 4007.5 to the Family Code, relating to child
support.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1355, as amended, Wright. Child support: suspension of support
order.
   Existing law provides that if a court orders a person to make
payments for child support until the occurrence of a specified event,
the obligation of the person ordered to pay support terminates on
the happening of the contingency.
   This bill would provide that the obligation of a person to pay
child support pursuant to an order that is being enforced  by a
local child support agency  under Title IV-D of the Social
Security Act is suspended for the period of time in which the obligor
is incarcerated or involuntarily institutionalized, with  a
 specified  exception   exceptions
 . The bill would require that, upon the release of the obligor,
the obligation to pay child support immediately resume in the amount
 otherwise  specified in the child support order prior to
the suspension of that obligation.  The bill would require the
court to provide notice to the parties of the support obligation
suspension at the time the order is issued. The bill would authorize
an obligor, upon release from incarceration or involuntary
institutionalization, to petition the court for an adjustment of the
arrears pursuant to the suspension of the support obligation. These
provisions would apply to all child support orders issued and all
modifications of child support orders requested on or after January
1, 2011.  
   The bill would also require the Judicial Council to proscribe
forms necessary for the implementation of the above-described
provisions, including forms for a petition to adjust arrears. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  SECTION 1.  Section 4007.5 is added to the Family Code, to read:
   4007.5.  (a) Every money judgment or order for support of a child
that is being enforced  by a local child support agency 
under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et
seq.) shall provide  that the   the following:

    (1)     The  obligation of the person
ordered to pay support shall be suspended for any period exceeding 30
consecutive days in which the person ordered to pay support is
incarcerated or involuntarily institutionalized. 
   (b) Upon the release of the obligor from a period of incarceration
or involuntary institutionalization, the obligation to pay child
support shall immediately resume in the amount specified in the child
support order prior to the suspension of that obligation. 

   (c) Notwithstanding subdivision (a), the court may continue the
obligation of the person ordered to pay support of a child during a
period in which the person ordered to pay support is incarcerated or
involuntarily institutionalized upon the request of the person to
whom the support payments are to be made, and upon a finding that the
obligor has  
   (2) The suspension of the support obligation shall only apply for
the period of time during which the obligor is incarcerated or
involuntarily institutionalized, after which the obligation shall
immediately resume in the amount otherwise specified in the child
support order.  
   (b) The court shall provide notice to the parties of the support
obligation suspension provided in subdivision (a) at the time the
order is issued.  
   (c) Upon release from incarceration or involuntary
institutionalization, an obligor may petition the court for an
adjustment of the arrears pursuant to the suspension of the support
obligation authorized in subdivision (b). The obligor must show proof
of the dates of incarceration or involuntary institutionalization,
as well as proof that during that time, the obligor was unable to
earn any income. The obligor shall serve copies of the petition to
the support obligee and the local child support agency, who may file
an objection to the obligor's petition with the court. An obligor's
arrears shall not be adjusted until the court has approved the
petition.  
   (d) Notwithstanding subdivision (a), the court may deny the
obligor's petition if it makes a finding of one of the following:

    (1)     The obligor had  the means to
pay support while incarcerated or involuntarily institutionalized.

   (2) The obligor was incarcerated or involuntarily
institutionalized for any offense constituting domestic violence, as
defined in Section 6211, against the support obligee or supported
child, or for any offense that could be enjoined by a protective
order pursuant to Section 6320, or as a result of his or her failure
to comply with a court order to pay child support.  
   (d) 
    (e)  For purposes of this section, "incarcerated or
involuntarily institutionalized" includes, but is not limited to,
involuntary confinement to a state prison, county jail, juvenile
facility operated by the Division of Juvenile Facilities in the
Department of Corrections and Rehabilitation, or a mental health
facility. 
   (e) 
    (f)  For purposes of this section, "suspend" means that
the child support order is modified and set to zero dollars ($0) for
the period in which the obligor is incarcerated or involuntarily
institutionalized. 
   (g) This section applies to all child support orders issued and
all modifications of child support orders requested on or after
January 1, 2011.  
   (h) The Judicial Council shall proscribe forms necessary for the
implementation of this section, including forms for a petition to
adjust arrears.