Bill Text: CA AB2397 | 2023-2024 | Regular Session | Amended
Bill Title: Child support: special needs trusts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-05-01 - Referred to Com. on JUD. [AB2397 Detail]
Download: California-2023-AB2397-Amended.html
|
Amended
IN
Assembly
April 02, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2397
| Introduced by Assembly Member Maienschein |
February 12, 2024 |
An act to amend Section 3910 of the Family Code, relating to child support.
LEGISLATIVE COUNSEL'S DIGEST
AB 2397, as amended, Maienschein.
Child support: special needs trusts.
Existing law continues the parental duty to support an unmarried child who has attained 18 years of age, is a full-time high school student, and who is not self-supporting, until the time the child completes grade 12 or attains 19 years of age, whichever occurs first. Existing law provides that both parents have an equal responsibility to support their child in the manner suitable to the child’s circumstances. Existing law also provides that both parents have an equal responsibility to maintain, to the extend of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means. Existing law authorizes the establishment of a special needs trust if a court makes specific determinations, including that the minor or person with a
disability has a disability that substantially impairs the individual’s ability to provide for their own care.
This bill would authorize a court to order that a support payment be paid to a special needs trust, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 3910 of the Family Code is amended to read:3910.
(a) The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means.(b) The court may order that a support payment be paid to a special needs trust established under Section 3604 of the Probate Code. trust. For purposes of this section, “special needs trust” means a trust that meets the requirements described in paragraph (4) of subsection (D) of Section 1396p of Title 42 of the United
States Code and paragraphs (3) or (4) of subdivision (a) of Section 50489.9 of Title 22 of the California Code of Regulations.
(c) This section does not limit the duty of support under Sections 3900 and 3901.
