Bill Text: CA SB285 | 2009-2010 | Regular Session | Amended

California Senate Bill 285 (Prior Session Legislation)

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

Bill Title: Disability benefits: attachment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 162, Statutes of 2009. [SB285 Detail]

Download: California-2009-SB285-Amended.html

BILL NUMBER: SB 285	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Wright

                        FEBRUARY 24, 2009

   An act to  amend Section 695.211 of, and to add Section
685.025 to, the Code of Civil Procedure, and to add Sections 4510 and
4726.5 to   add Section 3553 to  the Family Code,
relating to support judgments.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 285, as amended, Wright. Support judgments  : interest
accrual and incarcerated persons  .
   Existing law provides for spousal, family, and child support under
specified circumstances. 
    Existing law also provides that interest commences to accrue on a
money judgment on the date of entry of judgment. Interest accrues at
the rate of 10% per annum on the principal amount of a money
judgment remaining unsatisfied. Existing law also establishes
penalties for the failure to pay court ordered child support not to
exceed 6% per month of the original amount of support arrearages or
support installment, and not to exceed 72% of the original amount
due. Those penalties may not be imposed under certain circumstances,
including when the obligor has suffered serious illness, disability,
or unemployment which substantially impaired the ability of the
support obligor to comply fully with the support order, as specified.
 
   This bill would provide that interest shall not accrue on a
judgment for spousal, child, or family support, as specified, while
the obligor is incarcerated in a county jail or state prison. The
bill would also exempt an obligor who is incarcerated in a county
jail or state prison from the penalties described above. The bill
would require a court to make an inquiry to determine whether the
obligor is incarcerated in a county jail or state prison whenever the
court issues an order for the payment of spousal or child support in
order to determine whether these provisions apply. 
    These provisions would not apply if a court determines
and makes a finding on the record during or after the obligor's
period of incarceration that the obligor has sufficient resources to
pay any penalties or interest, as applicable, that would have accrued
while the obligor was incarcerated in a county jail or state prison.
  Existing federal law prohibits payments or benefits
due to a disabled veteran, as specified, from being assigned or
liable to attachment, levy, or seizure by or under any legal or
equitable process.  
   This bill would provide that benefits awarded to veterans for
service-connected disabilities, as provided, shall not be employed to
determine a person's income in calculating a support obligation or
to satisfy any support obligation.  
   This bill would declare the intent of the Legislature to conform
to existing federal law. 
   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.    It is the intent of the Legislature to
enact legislation to conform to existing federal law that prohibits
payments or benefits due to a veteran, with a service-connected
disability, from being assigned or liable to attachment, levy, or
seizure by or under any legal or equitable process. 
   SEC. 2.    Section 3553 is added to the  
Family Code   , to read:  
   3553.  Federal disability benefits awarded to veterans for
service-connected disabilities pursuant to Chapter 11 of Title 38 of
the United States Code shall not be employed to determine a person's
income in calculating a support obligation or to satisfy any support
obligation.  
  SECTION 1.    Section 685.025 is added to the Code
of Civil Procedure, to read:
   685.025.  (a)  Notwithstanding Section 685.020, interest shall not
accrue on a money judgment for spousal or child support while the
obligor is incarcerated in a county jail or state prison.
   (b) Whenever a court issues or modifies an order for the payment
of spousal support or child support, the court shall make an inquiry
to determine whether the obligor is incarcerated in a county jail or
state prison.
   (c) This section shall not apply if a court determines and makes a
finding on the record during or after the obligor's period of
incarceration in a county jail or state prison that the obligor has
sufficient resources to pay any interest that would have accrued had
subdivision (a) been applicable.  
  SEC. 2.    Section 695.211 of the Code of Civil
Procedure is amended to read:
   695.211.  (a)  Unless Section 685.025 applies, every money
judgment or order for child support shall provide notice that
interest on arrearages accrues at the legal rate.
   (b) The notice provisions required by this section shall be
incorporated in the appropriate Judicial Council forms.
   (c) Upon implementation of the California Child Support Automation
System prescribed in Chapter 4 (commencing with Section 10080) of
Part 1 of Division 9 of the Welfare and Institutions Code and
certification of the California Child Support Automation System by
the United States Department of Health and Human Services, whenever a
statement of account is issued by the local child support agency in
any child support action, the statement shall include a statement of
an amount of current support, arrears, and interest due. 

  SEC. 3.    Section 4510 is added to the Family
Code, to read:
   4510.  (a) Notwithstanding any other provision of law, interest
does not accrue on a judgment for spousal, child, or family support
while the obligor is incarcerated in a county jail or state prison.
   (b) Whenever a court issues or modifies an order to pay child,
spousal, or family support, the court shall enquire regarding whether
the obligor is incarcerated in a county jail or state prison in
order to determine whether this section and Section 4726.5 apply.
   (c) This section does not apply if the court determines and makes
a finding on the record during or after the obligor's period of
incarceration that the obligor has sufficient resources to pay the
interest that would otherwise accrue.  
  SEC. 4.    Section 4726.5 is added to the Family
Code, to read:
   4726.5.  This chapter shall not apply while the obligor is
incarcerated, unless a court has determined and made a finding on the
record before, during, or after the obligor's period of
incarceration in a county jail or state prison that the obligor has
sufficient financial resources to pay the penalties that would
otherwise accrue pursuant to this chapter.