Bill Text: CA AB3365 | 2019-2020 | Regular Session | Amended
Bill Title: Family law.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-06-24 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. [AB3365 Detail]
Download: California-2019-AB3365-Amended.html
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Amended
IN
Senate
June 24, 2020 |
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Amended
IN
Assembly
May 04, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 3365
| Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Gallagher (Vice Chair), Chau, Chiu, Gonzalez, Holden, Kalra, Maienschein, Obernolte, and Reyes) |
March 05, 2020 |
An act to amend Sections 510 and 17212 of, and to amend and repeal Section 4055 of, the Family Code, and to amend Section 100 of the Welfare and Institutions Code, relating to family law.
LEGISLATIVE COUNSEL'S DIGEST
AB 3365, as amended, Committee on Judiciary.
Family law.
(1) Existing law provides for a “confidential marriage,” whereby 2 unmarried people, not minors, who have been living together as spouses, may be married. Existing law requires a confidential marriage license to be issued by the county clerk, as specified, and then returned to the county clerk after the marriage has been solemnized. Under existing law, if a confidential marriage license is lost, damaged, or destroyed after the performance of the marriage, but before it is returned to the county clerk, the person solemnizing the marriage is required to obtain a duplicate marriage license by filing an affidavit setting forth the facts with the county clerk of the county in which the license was issued. Existing law requires the duplicate license to be issued by the county clerk no later than one year after the issuance of the original marriage license and returned
to the clerk by the person solemnizing the marriage within one year of the date shown on the original marriage license.
This bill would instead require the county clerk to issue a duplicate confidential marriage license within one year after the date of the marriage and would require the person solemnizing the marriage to return the license to the clerk within one year of the date of the marriage.
(2) Existing law imposes a general obligation on both parents of a minor child to support their child in the manner suitable to the child’s circumstances. Existing law establishes the statewide uniform guidelines for calculating court-ordered child support, based on the income of both parents and the time each parent spends with the child. Existing law establishes a rebuttable presumption that an obligor with a net disposable income, as defined, of a specified amount per month is entitled to a low-income
adjustment to their child support obligation. Until January 1, 2018, the net disposable income threshold is $1,500 per month, and is requested to be There is a rebuttable presumption under existing law that the obligor is entitled to a low-income adjustment of the child support amount when the obligor’s net disposable income per month is less than $1,500, adjusted annually for cost-of-living increases. Existing law requires increases by the Judicial Council to determine the adjustment amount based on the change in the annual California Consumer Price Index, as specified. Effective
Commencing January 1, 2021, the net disposable income threshold is reduced to $1,000 per month and is not requested to be annually adjusted without adjustment for cost-of-living increases.
This bill would delete the provision that would become operative on January 1, 2021, thereby maintaining the net disposable income threshold at $1,500 per month, adjusted annually for cost-of-living increases, indefinitely.
(3) Existing law establishes the Department of Child Support Services to administer all services and perform all functions necessary to establish, collect, and
distribute child support. Existing law, except as specified, requires all files, applications, papers, documents, and records established or maintained by a public entity pursuant to the administration and implementation of the child and spousal support enforcement program to be confidential and not be open to examination or released for disclosure for any purpose not directly connected with the administration of the child and spousal support enforcement program. Existing law prohibits a public entity from disclosing any file, application, paper, document, or record, or the information contained therein, except as authorized.
This bill would provide that a public entity does not include the court. The bill would state that these changes are declaratory of existing law.
(4) Existing law requires the Judicial Council to
establish a Court-Appointed Special Advocate (CASA) program, under which volunteers serve as a court-appointed special advocate to provide designated services and support to wards, dependents, and nonminor dependents in juvenile court proceedings. Existing law requires the council to establish a request-for-proposal process for grants to establish, maintain, or expand local CASA programs and to require funds or in-kind funds equal to the proposal request.
This bill, instead, would authorize, but not require, the council to require matching funds for local programs to receive grants through this process and would authorize the council to require matching funds in an amount up to the proposal request amount.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 510 of the Family Code is amended to read:510.
(a) If a confidential marriage license is lost, damaged, or destroyed after the performance of the marriage, but before it is returned to the county clerk, or deemed unacceptable for registration by the county clerk, the person solemnizing the marriage, in order to comply with Section 506, shall obtain a duplicate marriage license by filing an affidavit setting forth the facts with the county clerk of the county in which the license was issued.(b) The duplicate license may not be issued later than one year after the date of the marriage and shall be returned by the person solemnizing the marriage to the county clerk within one year of the date of
the marriage.
(c) The county clerk may charge a fee to cover the actual costs of issuing a duplicate marriage license.
(d) If a marriage license is lost, damaged, or destroyed before a marriage ceremony takes place, the applicants shall purchase a new marriage license and the old license shall be voided.
SEC. 2.
Section 4055 of the Family Code, as amended by Section 1 of Chapter 730 of the Statutes of 2017, is amended to read:4055.
(a) The statewide uniform guideline for determining child support orders is as follows: CS = K[HN - (H%)(TN)].(b) (1) The components of the formula are as follows:
(A) CS = child support amount.
(B) K = amount of both parents’ income to be allocated for child support as set forth in paragraph (3).
(C) HN = high earner’s net monthly disposable income.
(D) H% = approximate percentage of time that the high earner has or will
have primary physical responsibility for the children compared to the other parent. In cases in which parents have different time-sharing arrangements for different children, H% equals the average of the approximate percentages of time the high earner parent spends with each child.
(E) TN = total net monthly disposable income of both parties.
(2) To compute net disposable income, see Section 4059.
(3) K (amount of both parents’ income allocated for child support) equals one plus H% (if H% is less than or equal to 50 percent) or two minus H% (if H% is greater than 50 percent) times the following fraction:
Total Net Disposable Income Per Month | K |
$0–800 | 0.20 + TN/16,000 |
$801–6,666 | 0.25 |
$6,667–10,000 | 0.10 + 1,000/TN |
Over $10,000 | 0.12 + 800/TN |
For example, if H% equals 20 percent and the total monthly net disposable income of the parents is $1,000, K = (1 + 0.20) × 0.25, or 0.30. If H% equals 80 percent and the total monthly net disposable income of the parents is $1,000, K = (2 - 0.80) × 0.25, or 0.30.
(4) For more than
one child, multiply CS by:
2 children | 1.6 |
3 children | 2 |
4 children | 2.3 |
5 children | 2.5 |
6 children | 2.625 |
7 children | 2.75 |
8 children | 2.813 |
9 children | 2.844 |
10 children | 2.86 |
(5) If the amount calculated
under the formula results in a positive number, the higher earner shall pay that amount to the lower earner. If the amount calculated under the formula results in a negative number, the lower earner shall pay the absolute value of that amount to the higher earner.
(6) In any default proceeding where proof is by affidavit
pursuant to Section 2336, or in any proceeding for child support in which a party fails to appear after being duly noticed, H% shall be set at zero in the formula if the noncustodial parent is the higher earner or at 100 if the custodial parent is the higher earner, where there is no evidence presented demonstrating the percentage of time that the noncustodial parent has primary physical responsibility for the children. H% shall not be set as described in paragraph (3) if the moving party in a default proceeding is the noncustodial parent or if the party who fails to appear after being duly noticed is the custodial parent. A statement by the party who is not in default as to the percentage of time that the noncustodial parent has primary physical responsibility for the children shall be deemed sufficient evidence.
(7) In all
cases in which the net disposable income per month of the obligor is less than one thousand five hundred dollars
($1,500), adjusted annually for cost-of-living increases, there is a rebuttable presumption that the obligor is entitled to a low-income adjustment. The Judicial Council shall annually determine the amount of the net disposable income adjustment based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the California Department of Industrial Relations, Division of Labor Statistics and Research. The presumption may be rebutted by evidence showing that the application of the low-income adjustment would be unjust and inappropriate in the particular case. In determining whether the presumption is rebutted, the court shall consider the principles provided in Section 4053, and the impact of the contemplated adjustment on the respective net incomes of the obligor and the obligee. The low-income adjustment shall reduce the child support amount
otherwise determined under this section by an amount that is no greater than the amount calculated by multiplying the child
support amount otherwise determined under this section by a fraction, the numerator of which is 1,500, adjusted annually for cost-of-living increases, minus the obligor’s net disposable income per month, and the denominator of which is 1,500, adjusted annually for cost-of-living increases.
(8) Unless the court orders otherwise, the order for child support shall allocate the support amount so that the amount of support for the youngest child is the amount of support for one child, and the amount for the next youngest child is the difference between that amount and the amount for two children, with similar allocations for additional children. However, this paragraph does not apply to cases in which there are different time-sharing arrangements for different children or where the court determines that the allocation would be
inappropriate in the particular case.
(c) If a court uses a computer to calculate the child support order, the computer program shall not automatically default affirmatively or negatively on whether a low-income adjustment is to be applied. If the low-income adjustment is applied, the computer program shall not provide the amount of the low-income adjustment. Instead, the computer program shall ask the user whether or not to apply the low-income adjustment, and if answered affirmatively, the computer program shall provide the range of the adjustment permitted by paragraph (7) of subdivision (b).
SEC. 3.
Section 4055 of the Family Code, as amended by Section 2 of Chapter 730 of the Statutes of 2017, is repealed.SEC. 4.
Section 17212 of the Family Code is amended to read:17212.
(a) It is the intent of the Legislature to protect individual rights of privacy, and to facilitate and enhance the effectiveness of the child and spousal support enforcement program, by ensuring the confidentiality of support enforcement and child abduction records, and to thereby encourage the full and frank disclosure of information relevant to all of the following:(1) The establishment or maintenance of parent and child relationships and support obligations.
(2) The enforcement of the child support liability of absent parents.
(3) The enforcement of
spousal support liability of the spouse or former spouse to the extent required by the state plan under Section 17604 and Part 6 (commencing with Section 5700.101) of Division 9.
(4) The location of absent parents.
(5) The location of parents and children abducted, concealed, or detained by them.
(b) (1) (A) Except as provided in subdivision (c), all files, applications, papers, documents, and records established or maintained by a public entity pursuant to the administration and implementation of the child and spousal support enforcement program established pursuant to Part D (commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the United States Code and
this division, shall be confidential, and shall not be open to examination or released for disclosure for any purpose not directly connected with the administration of the child and spousal support enforcement program. A public entity shall not disclose any file, application, paper, document, or record, or the information contained therein, except as expressly authorized by this section.
(B) For purposes of this section, “public entity” does not include the court. This subparagraph is declaratory of existing law.
(2) Information shall not be released or the whereabouts of one party or the child disclosed to another party, or to the attorney of any other party, if a protective order has been issued by a court or administrative agency with respect to the party, a good cause claim under
Section 11477.04 of the Welfare and Institutions Code has been approved or is pending, or the public agency responsible for establishing paternity or enforcing support has reason to believe that the release of the information may result in physical or emotional harm to the party or the child. When a local child support agency is prohibited from releasing information pursuant to this subdivision, the information shall be omitted from any pleading or document to be submitted to the court and this subdivision shall be cited in the pleading or other document as the authority for the omission. The information shall be released only upon an order of the court pursuant to paragraph (6) of subdivision (c).
(3) Notwithstanding any other law, a proof of service filed by the local child support agency shall not disclose the address where service of
process was accomplished. Instead, the local child support agency shall keep the address in its own records. The proof of service shall specify that the address is on record at the local child support agency and that the address may be released only upon an order from the court pursuant to paragraph (6) of subdivision (c). The local child support agency shall, upon request by a party served, release to that person the address where service was effected.
(c) Disclosure of the information described in subdivision (b) is authorized as follows:
(1) All files, applications, papers, documents, and records as described in subdivision (b) shall be available and may be used by a public entity for all administrative, civil, or criminal investigations, actions, proceedings, or prosecutions
conducted in connection with the administration of the child and spousal support enforcement program approved under Part D (commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the United States Code and to the county welfare department
responsible for administering a program operated under a state plan pursuant to Part A, Subpart 1 or 2 of Part B, or Part E of Subchapter IV of Chapter 7 of Title 42 of the United States Code.
(2) A document requested by a person who wrote, prepared, or furnished the document may be examined by or disclosed to that person or a designee.
(3) The payment history of an obligor pursuant to a support order may be examined by or released to the court, the obligor, or the person on whose behalf enforcement actions are being taken or that person’s designee.
(4) An income and expense declaration of either parent may be released to the other parent for the purpose of establishing or modifying a support order.
(5) Public records subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) may be released.
(6) After a noticed motion and a finding by the court, in a case in which establishment or enforcement actions are being taken, that release or disclosure to the obligor or obligee is required by due process of law, the court may order a public entity that possesses an application, paper, document, or record as described in subdivision (b) to make that item available to the obligor or obligee for examination or copying, or to disclose to the obligor or obligee the contents of that item. Article 9 (commencing with Section 1040) of Chapter 4 of Division 8 of the Evidence Code shall not be
applicable to proceedings under this part. At any hearing of a motion filed pursuant to this section, the court shall inquire of the local child support agency and the parties appearing at the hearing if there is reason to believe that release of the requested information may result in physical or emotional harm to a party. If the court determines that harm may occur, the court shall issue any protective orders or injunctive orders restricting the use and disclosure of the information as are necessary to protect the individuals.
(7) To the extent not prohibited by federal law or regulation, information indicating the existence or imminent threat of a crime against a child, or location of a concealed, detained, or abducted child, or the location of the concealing, detaining, or abducting person, may be disclosed to a district attorney, an appropriate
law enforcement agency, or to a state or county child protective agency, or may be used in any judicial proceedings to prosecute that crime or to protect the child.
(8) The social security number, most recent address, and the place of employment of the absent parent may be released to an authorized person as defined in Section 653(c) of Title 42 of the United States Code, only if the authorized person has filed a request for the information, and only if the information has been provided to the California Parent Locator Service by the federal Parent Locator Service pursuant to Section 653 of Title 42 of the United States Code.
(9) A parent’s or relative’s name, social security number, most recent address, telephone number, place of employment, or other contact information
may be released to a county child welfare agency or county probation department pursuant to subdivision (c) of Section 17506.
(d) (1) “Administration and implementation of the child and spousal support enforcement program,” as used in this division, means the carrying out of the state and local plans for establishing, modifying, and enforcing child support obligations, enforcing spousal support orders, and determining paternity pursuant to Part D (commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the United States Code and this article.
(2) For purposes of this division, “obligor” means a person owing a duty of support.
(3) As used in this division, “putative parent”
shall refer to any person reasonably believed to be the parent of a child for whom the local child support agency is attempting to establish paternity or establish, modify, or enforce support pursuant to Section 17400.
(e) A person who willfully, knowingly, and intentionally violates this section is guilty of a misdemeanor.
(f) This section does not compel the disclosure of information relating to a deserting parent who is a recipient of aid under a public assistance program for which federal aid is paid to this state, if that information is required to be kept confidential by the federal law or regulations relating to the program.
SEC. 5.
Section 100 of the Welfare and Institutions Code is amended to read:100.
(a) The Judicial Council shall establish a planning and advisory group consisting of appropriate professional and program specialists to recommend on the development of program guidelines and funding procedures consistent with this chapter. At a minimum, the council shall adopt program guidelines consistent with the guidelines established by the National Court Appointed Special Advocate Association, and with California The
(b) The program guidelines adopted by the council shall be adopted and incorporated into local rules of court by each participating superior court as a prerequisite to funding pursuant to this chapter.
The
(c) The council shall adopt program guidelines and criteria for funding which that encourage multicounty CASA programs where appropriate, and shall in no case not provide for funding more than one program per county.
The
(d) The council shall establish establish, in a timely fashion fashion, a request-for-proposal process to establish, maintain, or expand local CASA programs and may require local matching funds or in-kind funds equal to
not to exceed the proposal request. The maximum state grant per county program per year shall not exceed seventy thousand dollars ($70,000) in counties in which the population is less than 700,000 and shall not exceed one hundred thousand dollars ($100,000) in counties in which the population is 700,000 or more, according to the annual population report provided by the Department of Finance.
