Bill Text: CA SB1292 | 2009-2010 | Regular Session | Introduced

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Bill Title: Child support: vocational examination.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-05-05 - Set, first hearing. Hearing canceled at the request of author. [SB1292 Detail]

Download: California-2009-SB1292-Introduced.html

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BILL NUMBER: SB 1292	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Walters

                        FEBRUARY 19, 2010

   An act to amend Section 4001 of the Family Code, relating to child
support.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1292, as introduced, Walters. Child support: vocational
examination.
   Existing law provides that in a dissolution or legal separation
proceeding raising spousal support issues, the court may order either
party to submit to an examination by a vocational training
counselor, as specified. Existing law provides that the focus of this
examination is to obtain an assessment of a spouse's ability to
obtain employment that would allow the party to maintain herself or
himself at the marital standard of living. Existing law also provides
that both parents have an equal responsibility to support their
child in the manner suitable to the child's circumstances, and the
court may order either or both parents to pay an amount necessary for
the support of the child.
   This bill would authorize a court, in a proceeding in which child
support is an issue, to order a party to submit to an examination by
a vocational training counselor, as defined. The bill would provide
that the focus of this examination is to obtain an assessment of a
spouse's ability to obtain employment that would allow the party to
meet his or her duty to provide support of the minor child.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4001 of the Family Code is amended to read:
   4001.   (a)    In any proceeding where there is
at issue the support of a minor child or a child for whom support is
authorized under Section 3901 or 3910, the court may order either or
both parents to pay an amount necessary for the support of the child.

   (b) (1) The court may order a party to submit to an examination by
a vocational training counselor. The examination shall include an
assessment of the party's ability to obtain employment based upon the
party's age, health, education, marketable skills, employment
history, and the current availability of employment opportunities.
The focus of the examination shall be on an assessment of the party's
ability to obtain employment that would allow the party to meet his
or her duty to provide support of the minor child pursuant to Section
3900.  
   (2) The order may be made on the motion of either party, the court'
s own motion, or stipulation of the parties. The order shall be made
for good cause after notice is provided to all parties. The order
shall specify the time, place, manner, conditions, scope of the
examination, and the person or persons by whom it is to be made.
 
   (3) A party who does not comply with an order under this section
is subject to the same consequences provided for failure to comply
with an examination ordered pursuant to Chapter 15 (commencing with
Section 2032.010) of Title 4 of Part 4 of the Code of Civil
Procedure.  
   (4) "Vocational training counselor" for the purpose of this
section means an individual with sufficient knowledge, skill,
experience, training, or education in interviewing, administering,
and interpreting tests for analysis of marketable skills, formulating
career goals, planning courses of training and study, and assessing
the job market, to qualify as an expert in vocational training under
Section 720 of the Evidence Code.  
   (5) A vocational training counselor shall have at least the
following qualifications:  
   (A) A master's degree in the behavioral sciences.  
   (B) Be qualified to administer and interpret inventories for
assessing career potential.  
   (C) Demonstrated ability in interviewing clients and assessing
marketable skills with understanding of age constraints, physical and
mental health, previous education and experience, and time and
geographic mobility constraints.  
   (D) Knowledge of current employment conditions, job market, and
wages in the indicated geographic area.  
   (E) Knowledge of education and training programs in the area with
costs and time plans for these programs.  
   (6) The court may order either party to pay the necessary expenses
and costs of the vocational evaluation. This order shall take into
account both of the following:  
   (A) The respective incomes and needs of the parties.  
   (B) Any factors affecting the parties' respective abilities to
pay.