Bill Text: CA SB1129 | 2017-2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Spousal support award: convictions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-09-27 - Chaptered by Secretary of State. Chapter 850, Statutes of 2018. [SB1129 Detail]

Download: California-2017-SB1129-Introduced.html

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 1129

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Introduced by Senator Monning

February 13, 2018

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An act to amend Section 4325 of the Family Code, relating to support orders.

LEGISLATIVE COUNSEL'S DIGEST

SB 1129, as introduced, Monning. Spousal support award: conviction for act of domestic violence.

Existing law requires that in any proceeding for dissolution of marriage where one spouse has been convicted of an act of domestic violence against the other spouse within a specific time period, there is a rebuttable presumption affecting the burden of proof that any award of temporary or permanent spousal support to the abusive spouse should not be made. In a similar spousal support proceeding where one spouse has been convicted for a violent sexual felony perpetrated against the other spouse within a specific time period, existing law prohibits an award of spousal support to the convicted spouse from the injured spouse, requires the court to order attorney’s fees to be paid from community assets, authorizes the legal date of separation to be the date of the incident giving rise to the conviction or earlier, and entitles the injured spouse to 100 percent of the community interest in the injured spouse’s retirement and pension.

This bill would delete the provisions relating to the rebuttable presumption in a proceeding for dissolution of marriage where one spouse has been convicted of an act of domestic violence against the other spouse, and instead award spousal support under these circumstances in a manner similar to when one spouse has been convicted of a violent sexual felony against the other spouse.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 4325 of the Family Code is amended to read:

4325.

 (a)In any proceeding for dissolution of marriage where there is a criminal conviction for an act of domestic violence perpetrated by one spouse against the other spouse entered by the court within five years prior to the filing of the dissolution proceeding, or at any time thereafter, there shall be a rebuttable presumption affecting the burden of proof that any award of temporary or permanent spousal support to the abusive spouse otherwise awardable pursuant to the standards of this part should not be made. thereafter, the following shall apply:

(b)The court may consider documented evidence of a convicted spouse’s history as a victim of domestic violence, as defined in Section 6211, perpetrated by the other spouse, or any other factors the court deems just and equitable, as conditions for rebutting this presumption.

(c)The rebuttable presumption created in this section may be rebutted by a preponderance of the evidence.

(a) An award of spousal support to the convicted spouse from the injured spouse is prohibited.

(b) Where economic circumstances warrant, the court shall order the attorney’s fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorney’s fees of the convicted spouse out of the injured spouse’s separate property.

(c) At the request of the injured spouse, the date of legal separation shall be the date of the incident giving rise to the conviction, or earlier, if the court finds circumstances that justify an earlier date.

(d) The injured spouse shall be entitled to 100 percent of the community property interest in the retirement and pension benefits of the injured spouse.