BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2393|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 2393
Author: Davis (D)
Amended: 06/18/12 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 6/12/12
AYES: Evans, Harman, Corbett, Leno
NO VOTE RECORDED: Blakeslee
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/6/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 73-0, 5/10/12 (Consent) - See last page
for vote
SUBJECT : Family law: child support formula
SOURCE : Western Center on Law and Poverty
DIGEST : This bill, until January 1, 2018, increases the
net disposable income threshold to $1,500 per month and
requires this threshold to be adjusted annually for
cost-of-living increases. This bill requires the Judicial
Council, on March 1, 2013, and annually until January 1,
2018, to determine the adjustment amount based on the
change in the annual California Consumer Price Index, as
specified.
ANALYSIS : Existing law establishes a uniform statewide
CONTINUED
AB 2393
Page
2
guideline for calculating child support. This mathematical
formula is based on the income of both parents and the
amount of time they each spend with the child. (Family
Code (FAM) Section 4055)
Existing law creates a rebuttable presumption that an
obligor with net disposable income of less than $1,000 a
month is entitled to a low-income adjustment to his or her
child support obligation. This presumption may be rebutted
by evidence showing that application of the adjustment
would be unjust or inappropriate in the particular case.
(FAM Section 4055(b)(7))
Existing law requires the Judicial Council to periodically
review the guideline to report to the Legislature
appropriate revisions, as specified. (FAM Section 4054)
This bill increases the low-income adjustment in the child
support guideline from less than $1,000 net disposable
income per month to less than $1,500 net disposable income
per month.
This bill requires the Judicial Council, on March 1, 2013,
and annually, to update the low-income adjustment based on
the California Consumer Price Index, as specified.
The provisions of this bill sunset on January 1, 2018.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Increased number of child support payments: To the
extent that this bill increases the number of child
support payments made, it will increase revenue to the
state when the payee is a CalWORKs participant.
Increasing the number of child support payments for which
the state is involved will also help the state's
Department of Child Support Services meet federal
performance requirements and avoid penalties.
Decreased amount of child support payments: To the
extent that this bill decreases the amount of support
CONTINUED
AB 2393
Page
3
paid to individual CalWORKs participants, there will be a
revenue loss to the state.
SUPPORT : (Verified 8/8/12)
Western Center on Law and Poverty (source)
Coalition of California Welfare Rights Organizations, Inc.
Executive Committee of the Family Law Section of the State
Bar
Feeding America San Diego
Judicial Council of California
ARGUMENTS IN SUPPORT : The author writes, "The current
formula used by the California Department of Child Support
Services that determines child support orders is outdated.
In an effort to improve compliance for low-income parents
that are obligated to pay child support, a work group
including the DCSS and the Judicial Council of California's
Administrative Office of the Courts, concluded that a
revision to the low-income adjustment threshold of $1,000
needed to be increased to $1,500."
The bill's sponsor, the Western Center on Law and Poverty
writes, "According the California Department of Child
Support Services, consistent payment of support by
low-income obligors is better met if the order is
'right-sized.' A right-sized order would enable obligors
to successfully meet their obligations and provide more
consistent child support payments, improving the income
stream for families, promoting family self-sufficiency and
improving overall wellbeing of children living in
single-parent households."
ASSEMBLY FLOOR : 73-0, 5/10/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie
CONTINUED
AB 2393
Page
4
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Pan, Perea,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Cook, Fletcher, Furutani, Jeffries,
Norby, Olsen, V. Manuel P�rez
RJG:m 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED