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AB-1727 Support orders: termination.(2011-2012)



Current Version: 07/10/12 - Chaptered         Compare Versions information image


AB1727:v96#DOCUMENT

Assembly Bill No. 1727
CHAPTER 77

An act to amend Section 5240 of the Family Code, relating to support orders.

[ Approved by Governor  July 10, 2012. Filed with Secretary of State  July 10, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1727, Silva. Support orders: termination.
Existing law governs court orders for spousal support in proceedings for dissolution of marriage or legal separation of the parties. Existing law also establishes statewide uniform guidelines for calculating court-ordered child support. A court ordering spousal or child support is required to include in its order an earnings assignment order for support, ordering the obligor’s employer to pay a specified portion of the obligor’s earnings to the obligee. Under existing law, upon the filing and service of a motion and a notice of motion by the obligor, the court is required to terminate an earnings assignment order for spousal support if any past due support has been paid in full and if certain conditions exist.
This bill would authorize an obligor to request ex parte relief in lieu of the filing and service requirements described above, except in specified circumstances.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 5240 of the Family Code is amended to read:

5240.
 (a) Upon the filing and service of a motion and a notice of motion by the obligor, the court shall terminate the service of an assignment order if past due support has been paid in full, including any interest due, and if any of the following conditions exist:
(1) With regard to orders for spousal support, the death or remarriage of the spouse to whom support is owed.
(2) With regard to orders for child support, the death or emancipation of the child for whom support is owed.
(3) The court determines that there is good cause, as defined in Section 5260, to terminate the assignment order. This subdivision does not apply if there has been more than one application for an assignment order.
(4) The obligor meets the conditions of an alternative arrangement specified in paragraph (2) of subdivision (b) of Section 5260, and a wage assignment has not been previously terminated and subsequently initiated.
(5) There is no longer a current order for support.
(6) The termination of the stay of an assignment order under Section 5261 was improper, but only if that termination was based upon the obligor’s failure to make timely support payments as described in subdivision (b) of Section 5261.
(7) The employer or agency designated to provide services under Title IV-D of the Social Security Act or the State Disbursement Unit is unable to deliver payment for a period of six months due to the failure of the obligee to notify that employer or agency or the State Disbursement Unit of a change in the obligee’s address.
(b) In lieu of filing and serving a motion and a notice of motion pursuant to subdivision (a), an obligor may request ex parte relief, except ex parte relief shall not be available in the circumstances described in paragraphs (3) and (4) of subdivision (a).