Bill Text: CA SB1129 | 2017-2018 | Regular Session | Amended
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-Amended.html
Amended
IN
Senate
May 15, 2018 |
Senate Bill | No. 1129 |
Introduced by Senator Monning |
February 13, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
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: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4324.5 of the Family Code is amended to read:4324.5.
(a) In any proceeding for dissolution of marriage where there is a criminal conviction for a violent sexual felony or a domestic violence felony perpetrated by one spouse against the other spouse and the petition for dissolution is filed before five years following the conviction and any time served in custody, on probation, or on parole, the following shall apply:(b)As used in this section, “violent sexual felony” means those offenses described in paragraphs (3), (4), (5), (11), and (18) of subdivision (c) of Section 667.5 of the Penal Code.
(c)As used in this section, “injured spouse” means the spouse who has been the
subject of the violent sexual felony for which the other spouse was convicted.
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, the following shall apply:
(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.