AB 610 — Child support: suspension of support order.

Summary

Prior law required, until July 1, 2015, the obligation of a person to pay child support pursuant to an order that is being enforced by a local child support agency under Title IV-D of the Social Security Act to be suspended for the period of time exceeding 90 days in which the person required to pay support is incarcerated or involuntarily institutionalized, with specified exceptions. Prior law required that, upon the release of the obligor, the obligation to pay child support immediately resume in the amount otherwise specified in the child support order prior to the suspension of that obligation. Prior law required the court to provide notice to the parties of the support obligation suspension at the time the order was issued or modified. Prior law authorized an obligor, upon release from incarceration or involuntary institutionalization, to petition the court for an adjustment of the arrears pursuant to the suspension of the support obligation. This bill would enact similar provisions to require the suspension of a child support order to occur by operation of law when an obligor is incarcerated or involuntarily institutionalized, unless the obligor has the means to pay support, or the obligor was incarcerated or involuntarily institutionalized for either an offense constituting domestic violence or the failure to pay child support. The bill would also authorize the local child support agency to administratively adjust account balances for a money judgment or order for support of a child that is suspended by operation of law if the agency verifies that arrears and interest were accrued in violation of these provisions, that specified conditions relating to the obligor's inability to pay while incarcerated and the underlying offense for which he or she was incarcerated do not exist, and neither the obligor nor the obligee object to the adjustment. The bill would require the local child support agency to give notice, as prescribed, of the adjustment to the obligor and obligee. If either the obligor or the obligee objects to the adjustment, the bill would require the agency to file a motion with the court to adjust the arrears and would allow the adjustment only after approval by the court. The bill would require the child support obligation to resume on the first day of the first full month after the release of the person owing support. The bill would require the Department of Child Support Services, in consultation with the Judicial Council, to develop forms to implement these provisions, and would require them to report specified information relating to these provisions to the Assembly Judiciary Committee and the Senate Judiciary Committee on or before January 1, 2019. The bill would make these provisions operative only until January 1, 2020. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 10/08/15 - Chaptered Current pdf October 08, 2015
• Enrolled 09/11/15 - Enrolled pdf September 11, 2015
• Amended 08/31/15 - Amended Senate pdf August 31, 2015
• Amended 07/16/15 - Amended Senate pdf July 16, 2015
• Amended 07/02/15 - Amended Senate pdf July 02, 2015
• Amended 04/08/15 - Amended Assembly pdf April 08, 2015
• Introduced 02/24/15 - Introduced pdf February 24, 2015
• AB610 View text html

Action History

1. October 08, 2015

   Chaptered by Secretary of State - Chapter 629, Statutes of 2015.

2. October 08, 2015

   Approved by the Governor.

3. September 17, 2015

   Enrolled and presented to the Governor at 11:30 a.m.

4. September 08, 2015

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 5. Page 2944.).

5. September 03, 2015

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.

6. September 03, 2015

   Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2480.).

7. August 31, 2015

   Read second time and amended. Ordered to third reading.

8. August 27, 2015

   From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 27).

9. August 17, 2015

   In committee: Referred to APPR. suspense file.

10. July 16, 2015

    Read second time and amended. Re-referred to Com. on APPR.

11. July 15, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 14).

12. July 02, 2015

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

13. May 21, 2015

    Referred to Com. on JUD.

14. May 07, 2015

    In Senate. Read first time. To Com. on RLS. for assignment.

15. May 07, 2015

    Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 69. Noes 4. Page 1336.).

16. April 30, 2015

    Read second time. Ordered to third reading.

17. April 29, 2015

    From committee: Do pass. (Ayes 16. Noes 1.) (April 29).

18. April 09, 2015

    Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

19. April 09, 2015

    Read second time. Ordered to third reading.

20. April 08, 2015

    Read second time and amended. Ordered returned to second reading.

21. April 07, 2015

    From committee: Amend, and do pass as amended. (Ayes 9. Noes 1.) (April 7).

22. March 09, 2015

    Referred to Com. on JUD.

23. February 25, 2015

    From printer. May be heard in committee March 27.

24. February 24, 2015

    Read first time. To print.

Sponsors

• Brown · Cosponsor
• Jones-Sawyer · Primary
• Robert Garcia · Cosponsor

Votes

Subjects