AB 414, as amended, Fox. Spousal support: modifications.
Existing law, until January 1, 2014, provided 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 constitutes a change of circumstances that may be the basis for a request for modification of spousal support, except as specified. Existing law, until January 1, 2014, required that a motion to modify spousal support based on that change of circumstances be filed within 6 months of the termination of the child support order.
This bill would reenact these provisions and would authorize a party whose 6-month deadline to file expired between January 1, 2014, andbegin delete Juneend deletebegin insert
Septemberend insert 30, 2014, to file a motion pursuant to these provisions untilbegin delete August 30,end deletebegin insert December 31,end insert 2014.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4326 is added to the Family Code, to
2read:
(a) Except as provided in subdivision (d), in a proceeding
4in which a spousal support order exists or in which the court has
5retained jurisdiction over a spousal support order, if a companion
6child support order is in effect, the termination of child support
7pursuant to subdivision (a) of Section 3901 constitutes a change
8of circumstances that may be the basis for a request by either party
9for modification of spousal support.
10(b) A motion to modify spousal support based on the change of
11circumstances described in subdivision (a) shall be filed by either
12party no later than six months from the date the child support order
13terminates.
14(c) If a motion to modify a spousal support order pursuant to
15subdivision (a) is filed, either party may request the appointment
16of a vocational training counselor pursuant to Section 4331.
17(d) Notwithstanding subdivision (a), termination of the child
18support order does not constitute a change of circumstances under
19subdivision (a) in any of the following circumstances:
20(1) The child and spousal support orders are the result of a
21marital settlement agreement or judgment and the marital
22settlement agreement or judgment contains a provision regarding
23what is to occur when the child support order terminates.
24(2) The child and spousal support orders are the result of a
25marital settlement agreement or judgment, which
provides that the
26spousal support order is nonmodifiable or that spousal support is
27waived and the court’s jurisdiction over spousal support has been
28terminated.
29(3) The court’s jurisdiction over spousal support was previously
30terminated.
P3 1(e) Notwithstanding subdivision (b), a party whose six-month
2deadline to file expired between January 1, 2014, andbegin delete Juneend delete
3begin insert Septemberend insert 30, 2014, may file a motion pursuant to this section
4untilbegin delete August 30,end deletebegin insert December 31, end insert2014.
This act is an urgency statute necessary for the
6immediate preservation of the public peace, health, or safety within
7the meaning of Article IV of the Constitution and shall go into
8immediate effect. The facts constituting the necessity are:
9In order to prevent unnecessary disruption to the judicial system
10and to protect parties in family law cases who may be injured by
11the January 1, 2014, sunset of former Section 4326 of the Family
12Code, it is necessary that this act take effect immediately.
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