BILL ANALYSIS
SB 1482
Page 1
Date of Hearing: June 29, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
SB 1482 (Wright) - As Amended: June 17, 2010
PROPOSED CONSENT (As Proposed to Be Amended)
SENATE VOTE : Not relevant
SUBJECT : SPOUSAL SUPPORT: MODIFICATION: SUNSET EXTENSION
KEY ISSUE : SHOULD THE SUNSET ON EXISTING LAW WHICH ALLOWS A
PARTY TO "AUTOMATICALLY" BE PERMITTED TO SEEK NEW OR MODIFIED
SPOUSAL SUPPORT WHEN A CHILD SUPPORT ORDER TERMINATES (TYPICALLY
BY THE CHILD REACHING THE AGE OF MAJORITY) BE EXTENDED FOR
ANOTHER THREE YEARS TO ALLOW THE LEGISLATURE TO CONTINUE TO
EVALUATE THE EFFECTS OF THIS LAW CHANGE?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
This non-controversial family law bill addresses those family
law cases where a child support order terminates by what is
called "operation of law," which typically results when the
child or children reach the age of majority and are no longer
entitled to support. Prior to 2008, where some or no spousal
support was in effect when a child support order ended, the
termination of the child support order by operation of law did
not automatically allow the party who had received the child
support to go back to court to seek either new spousal support
(if they had not been receiving it already) or an increase in an
existing order of spousal support. Under this traditional
approach prior to 2008, other supporting facts -- constituting a
so-called "change of circumstances" -- were required before the
spouse seeking new or additional spousal support was permitted
to return to court to seek new or additional spousal support.
However in the 2007 legislative session Senator Harman carried
SB 415 (Chap. 247, Stats. of 2007) on behalf of the Family Law
Section of the State Bar ("FlexCom") which altered the
traditional rule on an experimental basis to allow a party to
"automatically" be permitted to seek new or modified spousal
SB 1482
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support when a child support order terminates. That bill was
"sunsetted" after three years by this Committee to allow time to
see whether the process led to increased family law litigation
or other impacts. That sunset ends this year, and the author
introduced this legislation this month at FlexCom's request to
extend the measure.
This bill, as proposed to be amended, in addition to extending
the sunset for three more years, reasonably limits the
availability of such "automatic" spousal support request cases
to those cases that are filed within six months from the date
the child support order terminated, in the interest of fairness
and certainty. In addition, the bill adds a new provision
permitting in such "automatic" spousal support request cases
either party to request the appointment of a vocational training
counselor. This is consistent with the approach taken with
spousal support requests at the initial dissolution proceedings.
Finally, again as proposed to be amended, the extended law will
not be available in cases that resolve pursuant to a stipulated
marital settlement agreement, in order not to discourage
settlements of family law disputes at the time of dissolution.
Like the original law change in 2008, this bill is sponsored and
supported by FlexCom.
SUMMARY : Seeks to extend by three years the sunset date on the
provision regarding change of circumstances that may be the
basis for a request for modification of spousal support.
Specifically, this bill :
1)Extends by another three years the sunset date for the
provision which provides that in a proceeding in which a
spousal support order exists or in which the court has
retained jurisdiction over a spousal support order, if a
companion child support order is in effect, the termination of
child support shall constitute a change of circumstances that
may be the basis for a request for modification of spousal
support.
2)Requires that a motion to modify spousal support on the basis
of the change in circumstances caused by the termination of a
child support order be filed within 6 months of the
termination of the child support order.
3)Authorizes either party to request the appointment of a
vocational training counselor if a motion to modify spousal
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support on that basis is filed.
4)Bars the availability of this "automatic" change of
circumstances doctrine in cases that resolve pursuant to a
stipulated marital settlement agreement, in order not to
discourage settlements of family law disputes at the time of
dissolution.
EXISTING LAW :
1)Authorizes the court, in a judgment of dissolution of marriage
or legal separation, to order one party to pay spousal support
to the other party in an amount and for a duration that the
court deems just and reasonable based on the standard of
living established during the marriage. (Family Code section
4330. All further statutory references are to this code
unless otherwise noted.)
2)Imposes on parents a duty to support an unmarried child who
has not attained the age of 18 years. For a child who has
attained the age of 18 years, but is still a full-time high
school student and is not self-supporting, the duty of support
is extended until the time the child completes the 12th grade
or attains the age of 19 years, whichever occurs first.
(Section 3901.)
3)Prohibits, until 2008, a court from considering the
termination of a child support order by operation of law as a
change of circumstances warranting a request for modification
of spousal support. ( In re Marriage of Lautsbaugh (1999) 72
Cal. App. 4th 1131.)
4)Provides, commencing in 2008 until January 1, 2011, that in a
proceeding in which a spousal support order exists or in which
the court has retained jurisdiction over a spousal support
order, if a companion child support order is in effect, the
termination of child support shall constitute a change of
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circumstances that may be the basis for a request for
modification of spousal support. (Section 4326.)
5)Provides that in a proceeding for dissolution of marriage or
for legal separation, the court may order a party to submit to
an examination by a vocational training counselor upon a
noticed motion, for good cause, by one of the parties.
(Section 4331(a).)
COMMENTS : This non-controversial family law bill addresses
those family law cases where a child support order terminates by
what is called "operation of law," which typically results when
the child or children reach the age of majority and are no
longer entitled to support. Prior to 2008, where some or no
spousal support was in effect when a child support order ended,
the termination of the child support order by operation of law
did not automatically allow the party who had received the child
support to go back to court to seek either new spousal support
(if they had not been receiving it already) or an increase in an
existing order of spousal support. Under this traditional
approach prior to 2008, other supporting facts -- constituting a
so-called "change of circumstances" -- were required before the
spouse seeking new or additional spousal support was permitted
to return to court to seek new or additional spousal support.
However in the 2007 legislative session Senator Harman carried
SB 415 (Chap. 247, Stats. of 2007) on behalf of the Family Law
Section of the State Bar ("FlexCom") which altered the
traditional rule on an experimental basis to allow a party to
"automatically" be permitted to seek new or modified spousal
support when a child support order terminates. That bill was
"sunsetted" after three years by this Committee to allow time to
see whether the process led to increased family law litigation
or other impacts. That sunset ends this year, and the author
introduced this legislation this month at FlexCom's request to
extend the measure.
This bill, as proposed to be amended, in addition to extending
the sunset for three more years, reasonably limits the
availability of such "automatic" spousal support request cases
to those cases that are filed within six months from the date
the child support order terminated, in the interest of fairness
and certainty. In addition, the bill adds a new provision
SB 1482
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permitting in such "automatic" spousal support request cases
either party to request the appointment of a vocational training
counselor. This is consistent with the approach taken with
spousal support requests at the initial dissolution proceedings.
Finally, again as proposed to be amended, the extended law will
not be available in cases that resolve pursuant to a stipulated
marital settlement agreement, in order not to discourage
settlements of family law disputes at the time of dissolution.
Precise Amendment Language To Be Crafted Following Hearing With
Assistance From Sponsor : The amendments described in the
analysis will be crafted with the help of FlexCom
representatives following passage of the measure.
ARGUMENTS IN SUPPORT : FlexCom, the sponsor of this legislation,
wrote a helpful letter to the Committee explaining the strong
foundations of each of the provisions in this legislation.
Regarding the 6 month deadline for filing under the bill's
provisions, FlexCom noted helpfully, for example:
This amendment is a result of the opinion in Kacik v.
Kacik (2009) 179 Cal.App.4th 410, where the court
stated: "Because of the unusual circumstance of
construing a piece of legislation that has less than
18 months before it sunsets, we address the
Legislature directly: Section 4326 is scheduled to
terminate on January 1, 2011. If you decide to renew
it, please consider saying exactly what you mean by
'is in effect.' One easy solution: Specify a time
frame around the termination date of child support:
say, plus or minus six months, when a spousal support
modification request based on the termination of child
support may be filed. (Cf. Code Civ. Proc., 473.)."
The six month filing deadline for a party to file a
motion to modify spousal support based on the change
of circumstances outlined in section 4326 is supported
by current law. Six months is the time-frame stated
in the Code of Civil Procedure 473 to file a motion
to set aside an order or judgment; six months is the
deadline in Family Code 3690 and 3691 to set aside a
support order; and six months is the timeline
suggested by the court in Kacik v. Kacik.
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Prior Related Legislation : As noted in detail above, SB 415
(Harman, Chap. 247, 2007) provides that in a proceeding in which
a spousal support order exists and a companion child support
order is in effect, the termination of child support by
operation of law shall, contrary to historical approach, itself
constitute a change of circumstances that may be the basis for a
request for modification of spousal support.
REGISTERED SUPPORT / OPPOSITION :
Support
Family Law Section of the State Bar (FlexCom) (sponsor)
Opposition
None on file
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334