BILL ANALYSIS �
AB 414
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 414 (Fox)
As Amended August 4, 2014
2/3 vote. Urgency
-----------------------------------------------------------------
|ASSEMBLY: |75-0 |(January 21, |SENATE: |34-0 |(August 7, |
| | |2014) | | |2014) |
-----------------------------------------------------------------
Original Committee Reference: JUD.
SUMMARY : Reinstates a provision allowing termination of child
support to be a change of circumstances that may be the basis
for a request for modification of spousal support.
Specifically, this bill :
1)Eliminates the sunset date for the provision which states 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 six months of the
termination of the child support order. However, if the
six-month deadline to file the motion expired between January
1, 2014, and September 30, 2014, allows the motion to be filed
until December 31, 2014.
3)Authorizes either party to request the appointment of a
vocational training counselor if a motion to modify spousal
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.
5)Contains an urgency clause.
AB 414
Page 2
The Senate amendments add an urgency clause and, if the
six-month period to file expired between January 1, 2014, and
September 30, 2014, allow the motion to be filed until December
31, 2014.
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.
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.
3)Provided, until January 1, 2014, 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.
4)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.
FISCAL EFFECT : None
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
AB 414
Page 3
longer entitled to support. Because child support is calculated
before spousal support, a child support order necessarily
reduces the money available to pay spousal support. Typically,
when a child support order exists, the spousal support order, if
one exists, is lower than it would be without the child support
order. When the child support order terminates, the spousal
support order may no longer be appropriate.
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 the pre-2008 approach, 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 2007-08 legislative session, Senator Harman
carried SB 415 (Chapter 247, Statutes of 2007) on behalf of the
Family Law Section of the State Bar 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. SB 415 was
sunsetted after three years by the Assembly Judiciary Committee
to allow time to see whether the process led to increased family
law litigation or other impacts. Legislation by Senator Wright
(SB 1482, Chapter 297, Statutes of 2010) extended the sunset
until January 1, 2014. The Assembly Judiciary Committee is not
aware of any negative impacts of the statute during its six
years of operation.
This bill, sponsored by the Family Law Section of the State Bar,
re-enacts the statute, without the sunset, when the previous
statute sunsetted. In support of the bill, the Family Law
Section of the State Bar writes that "Family Code Section 4326
addresses significant issues and has worked well. This bill
would continue the operation of this important statute
indefinitely."
This bill, in addition to eliminating the sunset date,
reasonably limits the availability of such automatic spousal
support request cases to those cases that are filed within six
AB 414
Page 4
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, 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.
There is no opposition on file.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0004344