AB 1519: Judiciary omnibus: family support.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-01
(1)Existing law obligates a parent to support his or her child. Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, which administers all services and performs all functions necessary to establish, collect, and distribute child support. Existing law requires, if child support payments are directly deposited to an account of the recipients choice, that the payments only be deposited to a qualifying account, as defined, and prohibits a person or entity that issues a prepaid card or maintains or manages a prepaid card account from accepting or facilitating the direct deposit of child support payments to a prepaid card account that does not meet the requirements of a qualifying account. Existing law prohibits the Department of Child Support Services from being held liable for authorizing a direct deposit of child support payments into a prepaid card account designated by the recipient that does not meet the requirements of a qualifying account.
This bill would specify that the Department of Child Support Services has no obligation to determine whether an account at the financial institution of the recipients choice is a qualifying account.
(2)Existing law requires each party to a proceeding for dissolution of marriage or legal separation of the parties to serve on the other party a preliminary declaration of disclosure of assets, as specified, either concurrently with the petition for dissolution, or within 60 days of filing the petition.
This bill would clarify that the petitioner is required to serve the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation or within 60 days of filing the petition.
(3)Existing law requires each county to maintain a local child support agency that has the responsibility, among other things, to promptly and effectively establish, modify, and enforce child support obligations. Existing law authorizes attorneys employed within the local child support agency to direct, control, and prosecute civil actions and proceedings in the name of the county in support of the child support activities of the Department of Child Support Services and the local child support agency.
This bill, effective July 1, 2016, would authorize a local child support agency to electronically file pleadings signed by an agent of the local child support agency under penalty of perjury. The bill would require the Judicial Council to develop rules to implement this provision.
(4)Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law provides for the conversion of 146 subordinate judicial officer positions in eligible superior courts upon the occurrence of specified conditions, including that the proposed action is ratified by the Legislature, except that no more than 16 positions may be converted to judgeships in any fiscal year. Notwithstanding this provision, existing law authorizes up to 10 additional subordinate judicial officer positions to be converted to judgeships in any fiscal year if the conversions will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer and the proposed action is ratified by the Legislature.
This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201516 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer.
This bill would incorporate additional changes to Section 2104 of the Family Code proposed by SB 340, which would become operative only if SB 340 and this bill are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
(1)Existing law obligates a parent to support his or her child. Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, which administers all services and performs all functions necessary to establish, collect, and distribute child support. Existing law requires, if child support payments are directly deposited to an account of the recipients choice, that the payments only be deposited to a qualifying account, as defined, and prohibits a person or entity that issues a prepaid card or maintains or manages a prepaid card account from accepting or facilitating the direct deposit of child support payments to a prepaid card account that does not meet the requirements of a qualifying account. Existing law prohibits the Department of Child Support Services from being held liable for authorizing a direct deposit of child support payments into a prepaid card account designated by the recipient that does not meet the requirements of a qualifying account.
This bill would specify that the Department of Child Support Services has no obligation to determine whether an account at the financial institution of the recipients choice is a qualifying account.
(2)Existing law requires each party to a proceeding for dissolution of marriage or legal separation of the parties to serve on the other party a preliminary declaration of disclosure of assets, as specified, either concurrently with the petition for dissolution, or within 60 days of filing the petition.
This bill would clarify that the petitioner is required to serve the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation or within 60 days of filing the petition.
(3)Existing law requires each county to maintain a local child support agency that has the responsibility, among other things, to promptly and effectively establish, modify, and enforce child support obligations. Existing law authorizes attorneys employed within the local child support agency to direct, control, and prosecute civil actions and proceedings in the name of the county in support of the child support activities of the Department of Child Support Services and the local child support agency.
This bill, effective July 1, 2016, would authorize a local child support agency to electronically file pleadings signed by an agent of the local child support agency under penalty of perjury. The bill would require the Judicial Council to develop rules to implement this provision.
(4)Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law provides for the conversion of 146 subordinate judicial officer positions in eligible superior courts upon the occurrence of specified conditions, including that the proposed action is ratified by the Legislature, except that no more than 16 positions may be converted to judgeships in any fiscal year. Notwithstanding this provision, existing law authorizes up to 10 additional subordinate judicial officer positions to be converted to judgeships in any fiscal year if the conversions will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer and the proposed action is ratified by the Legislature.
This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201516 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer.
This bill would incorporate additional changes to Section 2104 of the Family Code proposed by SB 340, which would become operative only if SB 340 and this bill are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
(1)Existing law obligates a parent to support his or her child. Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, which administers all services and performs all functions necessary to establish, collect, and distribute child support. Existing law requires, if child support payments are directly deposited to an account of the recipients choice, that the payments only be deposited to a qualifying account, as defined, and prohibits a person or entity that issues a prepaid card or maintains or manages a prepaid card account from accepting or facilitating the direct deposit of child support payments to a prepaid card account that does not meet the requirements of a qualifying account. Existing law prohibits the Department of Child Support Services from being held liable for authorizing a direct deposit of child support payments into a prepaid card account designated by the recipient that does not meet the requirements of a qualifying account.
This bill would specify that the Department of Child Support Services has no obligation to determine whether an account at the financial institution of the recipients choice is a qualifying account.
(2)Existing law requires each party to a proceeding for dissolution of marriage or legal separation of the parties to serve on the other party a preliminary declaration of disclosure of assets, as specified, either concurrently with the petition for dissolution, or within 60 days of filing the petition.
This bill would clarify that the petitioner is required to serve the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation or within 60 days of filing the petition.
(3)Existing law requires each county to maintain a local child support agency that has the responsibility, among other things, to promptly and effectively establish, modify, and enforce child support obligations. Existing law authorizes attorneys employed within the local child support agency to direct, control, and prosecute civil actions and proceedings in the name of the county in support of the child support activities of the Department of Child Support Services and the local child support agency.
This bill, effective July 1, 2016, would authorize a local child support agency to electronically file pleadings signed by an agent of the local child support agency under penalty of perjury. The bill would require the Judicial Council to develop rules to implement this provision.
(4)Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law provides for the conversion of 146 subordinate judicial officer positions in eligible superior courts upon the occurrence of specified conditions, including that the proposed action is ratified by the Legislature, except that no more than 16 positions may be converted to judgeships in any fiscal year. Notwithstanding this provision, existing law authorizes up to 10 additional subordinate judicial officer positions to be converted to judgeships in any fiscal year if the conversions will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer and the proposed action is ratified by the Legislature.
This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201516 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer.
This bill would incorporate additional changes to Section 2104 of the Family Code proposed by SB 340, which would become operative only if SB 340 and this bill are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
(1)Existing law obligates a parent to support his or her child. Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, which administers all services and performs all functions necessary to establish, collect, and distribute child support. Existing law requires, if child support payments are directly deposited to an account of the recipients choice, that the payments only be deposited to a qualifying account, as defined, and prohibits a person or entity that issues a prepaid card or maintains or manages a prepaid card account from accepting or facilitating the direct deposit of child support payments to a prepaid card account that does not meet the requirements of a qualifying account. Existing law prohibits the Department of Child Support Services from being held liable for authorizing a direct deposit of child support payments into a prepaid card account designated by the recipient that does not meet the requirements of a qualifying account.
This bill would specify that the Department of Child Support Services has no obligation to determine whether an account at the financial institution of the recipients choice is a qualifying account.
(2)Existing law requires each party to a proceeding for dissolution of marriage or legal separation of the parties to serve on the other party a preliminary declaration of disclosure of assets, as specified, either concurrently with the petition for dissolution, or within 60 days of filing the petition.
This bill would clarify that the petitioner is required to serve the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation or within 60 days of filing the petition.
(3)Existing law requires each county to maintain a local child support agency that has the responsibility, among other things, to promptly and effectively establish, modify, and enforce child support obligations. Existing law authorizes attorneys employed within the local child support agency to direct, control, and prosecute civil actions and proceedings in the name of the county in support of the child support activities of the Department of Child Support Services and the local child support agency.
This bill, effective July 1, 2016, would authorize a local child support agency to electronically file pleadings signed by an agent of the local child support agency under penalty of perjury. The bill would require the Judicial Council to develop rules to implement this provision.
(3)
(4)Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law provides for the conversion of 146 subordinate judicial officer positions in eligible superior courts upon the occurrence of specified conditions, including that the proposed action is ratified by the Legislature, except that no more than 16 positions may be converted to judgeships in any fiscal year. Notwithstanding this provision, existing law authorizes up to 10 additional subordinate judicial officer positions to be converted to judgeships in any fiscal year if the conversions will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer and the proposed action is ratified by the Legislature.
This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201516 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer.
(1)Existing law obligates a parent to support his or her child. Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, which administers all services and performs all functions necessary to establish, collect, and distribute child support. Existing law requires, if child support payments are directly deposited to an account of the recipients choice, that the payments only be deposited to a qualifying account, as defined, and prohibits a person or entity that issues a prepaid card or maintains or manages a prepaid card account from accepting or facilitating the direct deposit of child support payments to a prepaid card account that does not meet the requirements of a qualifying account. Existing law prohibits the Department of Child Support Services from being held liable for authorizing a direct deposit of child support payments into a prepaid card account designated by the recipient that does not meet the requirements of a qualifying account.
This bill would specify that the Department of Child Support Services has no obligation to determine whether an account at the financial institution of the recipients choice is a qualifying account.
(2)Existing law requires each party to a proceeding for dissolution of marriage or legal separation of the parties to serve on the other party a preliminary declaration of disclosure of assets, as specified, either concurrently with the petition for dissolution, or within 60 days of filing the petition.
This bill would clarify that the petitioner is required to serve the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation or within 60 days of filing the petition.
(3)Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law provides for the conversion of 146 subordinate judicial officer positions in eligible superior courts upon the occurrence of specified conditions, including that the proposed action is ratified by the Legislature, except that no more than 16 positions may be converted to judgeships in any fiscal year. Notwithstanding this provision, existing law authorizes up to 10 additional subordinate judicial officer positions to be converted to judgeships in any fiscal year if the conversions will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer and the proposed action is ratified by the Legislature.
This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201516 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer.
(a)Except by court order for good cause, as provided in Section 2107, in the time period set forth in subdivision (f), each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury on a form prescribed by the Judicial Council. The commission of perjury on the preliminary declaration of disclosure may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury. The preliminary declaration of disclosure shall include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration.
(b)The preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court.
(c)The preliminary declaration of disclosure shall set forth with sufficient particularity, that a person of reasonable and ordinary intelligence can ascertain, all of the following:
(1)The identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate.
(2)The declarants percentage of ownership in each asset and percentage of obligation for each liability where property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarants characterization of each asset or liability.
(d)A declarant may amend his or her preliminary declaration of disclosure without leave of the court. Proof of service of any amendment shall be filed with the court.
(e)Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid.
(f)The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation, or within 60 days of filing the petition. The respondent shall serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. The time periods specified in this subdivision may be extended by written agreement of the parties or by court order.
SEC. 1.5.Section 2104 of the Family Code is amended to read:2104.(a)Except by court order for good cause, as provided in Section 2107, or when service of the preliminary declaration of disclosure is not required pursuant to Section 2110, in the time period set forth in subdivision (f), each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury on a form prescribed by the Judicial Council. The commission of perjury on the preliminary declaration of disclosure may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury. The preliminary declaration of disclosure shall include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration.
(b)The preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court.
(c)The preliminary declaration of disclosure shall set forth with sufficient particularity, that a person of reasonable and ordinary intelligence can ascertain, all of the following:
(1)The identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate.
(2)The declarants percentage of ownership in each asset and percentage of obligation for each liability when property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarants characterization of each asset or liability.
(d)A declarant may amend his or her preliminary declaration of disclosure without leave of the court. Proof of service of any amendment shall be filed with the court.
(e)Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid.
(f)The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation, or within 60 days of filing the petition. When a petitioner serves the summons and petition by publication or posting pursuant to court order and the respondent files a response prior to a default judgment being entered, the petitioner shall serve the other party with the preliminary declaration of disclosure within 30 days of the response being filed. The respondent shall serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. The time periods specified in this subdivision may be extended by written agreement of the parties or by court order.
SEC. 2.Section 17325 of the Family Code is amended to read:17325.(a)(1)Notwithstanding any other law, if child support payments are directly deposited to an account of the recipients choice, as authorized under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), the payments may only be deposited to an account that meets the requirements of a qualifying account, as defined in paragraph (2), for deposit of child support payments.
(2)For purposes of this section, a qualifying account is one of the following:
(A)A demand deposit or savings account at an insured financial institution in the name of the person entitled to the receipt of child support payments.
(B)A prepaid card account that meets all of the following:
(i)The account is held at an insured financial institution.
(ii)The account is set up to meet the requirements for passthrough deposit or share insurance so that the funds accessible through the account are eligible for insurance for the benefit of the person entitled to the receipt of child support payments by the Federal Deposit Insurance Corporation in accordance with Part 330 of Title 12 of the Code of Federal Regulations, or the National Credit Union Share Insurance Fund in accordance with Part 745 of Title 12 of the Code of Federal Regulations.
(iii)The account is not attached to any credit or overdraft feature that is automatically repaid from the account after delivery of the payment.
(iv)The issuer of the card complies with all of the requirements, and provides the holder of the card with all of the consumer protections, that apply to a payroll card account under the rules implementing the EFTA or other rules subsequently adopted under the EFTA that apply to prepaid card accounts.
(3)A person or entity that issues a prepaid card or maintains or manages a prepaid card account that does not comply with paragraph (2) shall not accept or facilitate the direct deposit of child support payments to the prepaid card account.
(b)For purposes of this section, the department shall not be held liable for authorizing a direct deposit of child support payments into a prepaid card account designated by the recipient that does not comply with paragraph (2) of subdivision (a). The department has no obligation to determine whether an account at the financial institution of the recipients choice is a qualifying account as described in subdivision (a).
(c)For the purposes of this section, the following definitions shall apply:
(1)Financial institution means a state or national bank, a state or federal savings and loan association, a mutual savings bank, or a state or federal credit union.
(2)Issuer means a person or entity that issues a prepaid card.
(3)Payroll card account shall have the same meaning as that term is defined in the regulations implementing the EFTA.
(4)Prepaid card or prepaid card account means either of the following:
(A)A card, code, or other means of access to funds of a recipient that is usable at multiple, unaffiliated merchants for goods or services, or usable at automated teller machines.
(B)The same as those terms or related terms are defined in the regulations adopted under the EFTA regarding general use reloadable cards.
SEC. 3.Section 17400 of the Family Code is amended to read:17400.(a)Each county shall maintain a local child support agency, as specified in Section 17304, that shall have the responsibility for promptly and effectively establishing, modifying, and enforcing child support obligations, including medical support, enforcing spousal support orders established by a court of competent jurisdiction, and determining paternity in the case of a child born out of wedlock. The local child support agency shall take appropriate action, including criminal action in cooperation with the district attorneys, to establish, modify, and enforce child support and, if appropriate, enforce spousal support orders if the child is receiving public assistance, including Medi-Cal, and, if requested, shall take the same actions on behalf of a child who is not receiving public assistance, including Medi-Cal.
(b)(1)Notwithstanding Sections 25203 and 26529 of the Government Code, attorneys employed within the local child support agency may direct, control, and prosecute civil actions and proceedings in the name of the county in support of child support activities of the Department of Child Support Services and the local child support agency.
(2)Notwithstanding any other law, and except for pleadings or documents required to be signed under penalty of perjury, a local child support agency may substitute original signatures with any form of electronic signatures, including, but not limited to, typed, digital, or facsimile images of signatures, digital signatures, or other computer-generated signatures, on pleadings filed for the purpose of establishing, modifying, or enforcing paternity, child support, or medical support. Any substituted signature used by a local child support agency shall have the same effect as an original signature, including, but not limited to, the requirements of Section 128.7 of the Code of Civil Procedure.
(3)Notwithstanding any other law, effective July 1, 2016, a local child support agency may electronically file pleadings signed by an agent of the local child support agency under penalty of perjury. An original signed pleading shall be executed prior to, or on the same day as, the day of electronic filing. Original signed pleadings shall be maintained by the local child support agency for the period of time proscribed by subdivision (a) of Section 68152 of the Government Code. A local child support agency may maintain the original signed pleading by way of an electronic copy in the Statewide Automated Child Support System. The Judicial Council, by July 1, 2016, shall develop rules to implement this subdivision.
(c)Actions brought by the local child support agency to establish paternity or child support or to enforce child support obligations shall be completed within the time limits set forth by federal law. The local child support agencys responsibility applies to spousal support only if the spousal support obligation has been reduced to an order of a court of competent jurisdiction. In any action brought for modification or revocation of an order that is being enforced under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the effective date of the modification or revocation shall be as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or any subsequent date.
(d)(1)The Judicial Council, in consultation with the department and representatives of the California Family Support Council, the Senate Committee on Judiciary, the Assembly Committee on Judiciary, and a legal services organization providing representation on child support matters, shall develop simplified summons, complaint, and answer forms for any action for support brought pursuant to this section or Section 17404. The Judicial Council may combine the summons and complaint in a single form.
(2)The simplified complaint form shall provide notice of the amount of child support that is sought pursuant to the guidelines set forth in Article 2 (commencing with Section 4050) of Chapter 2 of Part 2 of Division 9 based upon the income or income history of the support obligor as known to the local child support agency. If the support obligors income or income history is unknown to the local child support agency, the complaint shall inform the support obligor that income shall be presumed to be the amount of the minimum wage, at 40 hours per week, established by the Industrial Welfare Commission pursuant to Section 1182.11 of the Labor Code unless information concerning the support obligors income is provided to the court. The complaint form shall be accompanied by a proposed judgment. The complaint form shall include a notice to the support obligor that the proposed judgment will become effective if he or she fails to file an answer with the court within 30 days of service. Except as provided in paragraph (2) of subdivision (a) of Section 17402, if the proposed judgment is entered by the court, the support order in the proposed judgment shall be effective as of the first day of the month following the filing of the complaint.
(3)(A)The simplified answer form shall be written in simple English and shall permit a defendant to answer and raise defenses by checking applicable boxes. The answer form shall include instructions for completion of the form and instructions for proper filing of the answer.
(B)The answer form shall be accompanied by a blank income and expense declaration or simplified financial statement and instructions on how to complete the financial forms. The answer form shall direct the defendant to file the completed income and expense declaration or simplified financial statement with the answer, but shall state that the answer will be accepted by a court without the income and expense declaration or simplified financial statement.
(C)The clerk of the court shall accept and file answers, income and expense declarations, and simplified financial statements that are completed by hand provided they are legible.
(4)(A)The simplified complaint form prepared pursuant to this subdivision shall be used by the local child support agency or the Attorney General in all cases brought under this section or Section 17404.
(B)The simplified answer form prepared pursuant to this subdivision shall be served on all defendants with the simplified complaint. Failure to serve the simplified answer form on all defendants shall not invalidate any judgment obtained. However, failure to serve the answer form may be used as evidence in any proceeding under Section 17432 of this code or Section 473 of the Code of Civil Procedure.
(C)The Judicial Council shall add language to the governmental summons, for use by the local child support agency with the governmental complaint to establish parental relationship and child support, informing defendants that a blank answer form should have been received with the summons and additional copies may be obtained from either the local child support agency or the superior court clerk.
(e)In any action brought or enforcement proceedings instituted by the local child support agency pursuant to this section for payment of child or spousal support, an action to recover an arrearage in support payments may be maintained by the local child support agency at any time within the period otherwise specified for the enforcement of a support judgment, notwithstanding the fact that the child has attained the age of majority.
(f)The county shall undertake an outreach program to inform the public that the services described in subdivisions (a) to (c), inclusive, are available to persons not receiving public assistance. There shall be prominently displayed in every public area of every office of the agencies established by this section a notice, in clear and simple language prescribed by the Director of Child Support Services, that the services provided in subdivisions (a) to (c), inclusive, are provided to all individuals, whether or not they are recipients of public assistance.
(g)(1)In any action to establish a child support order brought by the local child support agency in the performance of duties under this section, the local child support agency may make a motion for an order effective during the pendency of that action, for the support, maintenance, and education of the child or children that are the subject of the action. This order shall be referred to as an order for temporary support. This order has the same force and effect as a like or similar order under this code.
(2)The local child support agency shall file a motion for an order for temporary support within the following time limits:
(A)If the defendant is the mother, a presumed father under Section 7611, or any father if the child is at least six months old when the defendant files his or her answer, the time limit is 90 days after the defendant files an answer.
(B)In any other case in which the defendant has filed an answer prior to the birth of the child or not more than six months after the birth of the child, then the time limit is nine months after the birth of the child.
(3)If more than one child is the subject of the action, the limitation on reimbursement shall apply only as to those children whose parental relationship and age would bar recovery were a separate action brought for support of that child or those children.
(4)If the local child support agency fails to file a motion for an order for temporary support within the time limits specified in this section, the local child support agency shall be barred from obtaining a judgment of reimbursement for any support provided for that child during the period between the date the time limit expired and the date the motion was filed, or, if no motion is filed, when a final judgment is entered.
(5)Except as provided in Section 17304, nothing in this section prohibits the local child support agency from entering into cooperative arrangements with other county departments as necessary to carry out the responsibilities imposed by this section pursuant to plans of cooperation with the departments approved by the Department of Child Support Services.
(6)Nothing in this section otherwise limits the ability of the local child support agency from securing and enforcing orders for support of a spouse or former spouse as authorized under any other law.
(h)As used in this article, enforcing obligations includes, but is not limited to, all of the following:
(1)The use of all interception and notification systems operated by the department for the purpose of aiding in the enforcement of support obligations.
(2)The obtaining by the local child support agency of an initial order for child support that may include medical support or that is for medical support only, by civil or criminal process.
(3)The initiation of a motion or order to show cause to increase an existing child support order, and the response to a motion or order to show cause brought by an obligor parent to decrease an existing child support order, or the initiation of a motion or order to show cause to obtain an order for medical support, and the response to a motion or order to show cause brought by an obligor parent to decrease or terminate an existing medical support order, without regard to whether the child is receiving public assistance.
(4)The response to a notice of motion or order to show cause brought by an obligor parent to decrease an existing spousal support order if the child or children are residing with the obligee parent and the local child support agency is also enforcing a related child support obligation owed to the obligee parent by the same obligor.
(5)The referral of child support delinquencies to the Franchise Tax Board under subdivision (c) of Section 17500 in support of the local child support agency.
(i)As used in this section, out of wedlock means that the biological parents of the child were not married to each other at the time of the childs conception.
(j)(1)The local child support agency is the public agency responsible for administering wage withholding for current support for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(2)Nothing in this section limits the authority of the local child support agency granted by other sections of this code or otherwise granted by law.
(k)In the exercise of the authority granted under this article, the local child support agency may intervene, pursuant to subdivision (b) of Section 387 of the Code of Civil Procedure, by ex parte application, in any action under this code, or other proceeding in which child support is an issue or a reduction in spousal support is sought. By notice of motion, order to show cause, or responsive pleading served upon all parties to the action, the local child support agency may request any relief that is appropriate that the local child support agency is authorized to seek.
(l)The local child support agency shall comply with all regulations and directives established by the department that set time standards for responding to requests for assistance in locating noncustodial parents, establishing paternity, establishing child support awards, and collecting child support payments.
(m)As used in this article, medical support activities that the local child support agency is authorized to perform are limited to the following:
(1)The obtaining and enforcing of court orders for health insurance coverage.
(2)Any other medical support activity mandated by federal law or regulation.
(n)(1)Notwithstanding any other law, venue for an action or proceeding under this division shall be determined as follows:
(A)Venue shall be in the superior court in the county that is currently expending public assistance.
(B)If public assistance is not currently being expended, venue shall be in the superior court in the county where the child who is entitled to current support resides or is domiciled.
(C)If current support is no longer payable through, or enforceable by, the local child support agency, venue shall be in the superior court in the county that last provided public assistance for actions to enforce arrearages assigned pursuant to Section 11477 of the Welfare and Institutions Code.
(D)If subparagraphs (A), (B), and (C) do not apply, venue shall be in the superior court in the county of residence of the support obligee.
(E)If the support obligee does not reside in California, and subparagraphs (A), (B), (C), and (D) do not apply, venue shall be in the superior court of the county of residence of the obligor.
(2)Notwithstanding paragraph (1), if the child becomes a resident of another county after an action under this part has been filed, venue may remain in the county where the action was filed until the action is completed.
(o)The local child support agency of one county may appear on behalf of the local child support agency of any other county in an action or proceeding under this part.
SEC. 4.Section 69619 is added to the Government Code, to read:69619.(a)The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201516 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.
(b)The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.
SEC. 5.Section 1.5 of this bill incorporates amendments to Section 2104 of the Family Code proposed by both this bill and Senate Bill 340. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2104 of the Family Code, and (3) this bill is enacted after Senate Bill 340, in which case Section 1 of this bill shall not become operative.
(a)Except by court order for good cause, as provided in Section 2107, in the time period set forth in subdivision (f), each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury on a form prescribed by the Judicial Council. The commission of perjury on the preliminary declaration of disclosure may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury. The preliminary declaration of disclosure shall include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration.
(b)The preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court.
(c)The preliminary declaration of disclosure shall set forth with sufficient particularity, that a person of reasonable and ordinary intelligence can ascertain, all of the following:
(1)The identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate.
(2)The declarants percentage of ownership in each asset and percentage of obligation for each liability where property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarants characterization of each asset or liability.
(d)A declarant may amend his or her preliminary declaration of disclosure without leave of the court. Proof of service of any amendment shall be filed with the court.
(e)Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid.
(f)The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation, or within 60 days of filing the petition. The respondent shall serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. The time periods specified in this subdivision may be extended by written agreement of the parties or by court order.
SEC. 1.5.Section 2104 of the Family Code is amended to read:2104.(a)Except by court order for good cause, as provided in Section 2107, or when service of the preliminary declaration of disclosure is not required pursuant to Section 2110, in the time period set forth in subdivision (f), each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury on a form prescribed by the Judicial Council. The commission of perjury on the preliminary declaration of disclosure may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury. The preliminary declaration of disclosure shall include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration.
(b)The preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court.
(c)The preliminary declaration of disclosure shall set forth with sufficient particularity, that a person of reasonable and ordinary intelligence can ascertain, all of the following:
(1)The identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate.
(2)The declarants percentage of ownership in each asset and percentage of obligation for each liability when property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarants characterization of each asset or liability.
(d)A declarant may amend his or her preliminary declaration of disclosure without leave of the court. Proof of service of any amendment shall be filed with the court.
(e)Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid.
(f)The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation, or within 60 days of filing the petition. When a petitioner serves the summons and petition by publication or posting pursuant to court order and the respondent files a response prior to a default judgment being entered, the petitioner shall serve the other party with the preliminary declaration of disclosure within 30 days of the response being filed. The respondent shall serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. The time periods specified in this subdivision may be extended by written agreement of the parties or by court order.
SEC. 2.Section 17325 of the Family Code is amended to read:17325.(a)(1)Notwithstanding any other law, if child support payments are directly deposited to an account of the recipients choice, as authorized under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), the payments may only be deposited to an account that meets the requirements of a qualifying account, as defined in paragraph (2), for deposit of child support payments.
(2)For purposes of this section, a qualifying account is one of the following:
(A)A demand deposit or savings account at an insured financial institution in the name of the person entitled to the receipt of child support payments.
(B)A prepaid card account that meets all of the following:
(i)The account is held at an insured financial institution.
(ii)The account is set up to meet the requirements for passthrough deposit or share insurance so that the funds accessible through the account are eligible for insurance for the benefit of the person entitled to the receipt of child support payments by the Federal Deposit Insurance Corporation in accordance with Part 330 of Title 12 of the Code of Federal Regulations, or the National Credit Union Share Insurance Fund in accordance with Part 745 of Title 12 of the Code of Federal Regulations.
(iii)The account is not attached to any credit or overdraft feature that is automatically repaid from the account after delivery of the payment.
(iv)The issuer of the card complies with all of the requirements, and provides the holder of the card with all of the consumer protections, that apply to a payroll card account under the rules implementing the EFTA or other rules subsequently adopted under the EFTA that apply to prepaid card accounts.
(3)A person or entity that issues a prepaid card or maintains or manages a prepaid card account that does not comply with paragraph (2) shall not accept or facilitate the direct deposit of child support payments to the prepaid card account.
(b)For purposes of this section, the department shall not be held liable for authorizing a direct deposit of child support payments into a prepaid card account designated by the recipient that does not comply with paragraph (2) of subdivision (a). The department has no obligation to determine whether an account at the financial institution of the recipients choice is a qualifying account as described in subdivision (a).
(c)For the purposes of this section, the following definitions shall apply:
(1)Financial institution means a state or national bank, a state or federal savings and loan association, a mutual savings bank, or a state or federal credit union.
(2)Issuer means a person or entity that issues a prepaid card.
(3)Payroll card account shall have the same meaning as that term is defined in the regulations implementing the EFTA.
(4)Prepaid card or prepaid card account means either of the following:
(A)A card, code, or other means of access to funds of a recipient that is usable at multiple, unaffiliated merchants for goods or services, or usable at automated teller machines.
(B)The same as those terms or related terms are defined in the regulations adopted under the EFTA regarding general use reloadable cards.
SEC. 3.Section 17400 of the Family Code is amended to read:17400.(a)Each county shall maintain a local child support agency, as specified in Section 17304, that shall have the responsibility for promptly and effectively establishing, modifying, and enforcing child support obligations, including medical support, enforcing spousal support orders established by a court of competent jurisdiction, and determining paternity in the case of a child born out of wedlock. The local child support agency shall take appropriate action, including criminal action in cooperation with the district attorneys, to establish, modify, and enforce child support and, if appropriate, enforce spousal support orders if the child is receiving public assistance, including Medi-Cal, and, if requested, shall take the same actions on behalf of a child who is not receiving public assistance, including Medi-Cal.
(b)(1)Notwithstanding Sections 25203 and 26529 of the Government Code, attorneys employed within the local child support agency may direct, control, and prosecute civil actions and proceedings in the name of the county in support of child support activities of the Department of Child Support Services and the local child support agency.
(2)Notwithstanding any other law, and except for pleadings or documents required to be signed under penalty of perjury, a local child support agency may substitute original signatures with any form of electronic signatures, including, but not limited to, typed, digital, or facsimile images of signatures, digital signatures, or other computer-generated signatures, on pleadings filed for the purpose of establishing, modifying, or enforcing paternity, child support, or medical support. Any substituted signature used by a local child support agency shall have the same effect as an original signature, including, but not limited to, the requirements of Section 128.7 of the Code of Civil Procedure.
(3)Notwithstanding any other law, effective July 1, 2016, a local child support agency may electronically file pleadings signed by an agent of the local child support agency under penalty of perjury. An original signed pleading shall be executed prior to, or on the same day as, the day of electronic filing. Original signed pleadings shall be maintained by the local child support agency for the period of time proscribed by subdivision (a) of Section 68152 of the Government Code. A local child support agency may maintain the original signed pleading by way of an electronic copy in the Statewide Automated Child Support System. The Judicial Council, by July 1, 2016, shall develop rules to implement this subdivision.
(c)Actions brought by the local child support agency to establish paternity or child support or to enforce child support obligations shall be completed within the time limits set forth by federal law. The local child support agencys responsibility applies to spousal support only if the spousal support obligation has been reduced to an order of a court of competent jurisdiction. In any action brought for modification or revocation of an order that is being enforced under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the effective date of the modification or revocation shall be as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or any subsequent date.
(d)(1)The Judicial Council, in consultation with the department and representatives of the California Family Support Council, the Senate Committee on Judiciary, the Assembly Committee on Judiciary, and a legal services organization providing representation on child support matters, shall develop simplified summons, complaint, and answer forms for any action for support brought pursuant to this section or Section 17404. The Judicial Council may combine the summons and complaint in a single form.
(2)The simplified complaint form shall provide notice of the amount of child support that is sought pursuant to the guidelines set forth in Article 2 (commencing with Section 4050) of Chapter 2 of Part 2 of Division 9 based upon the income or income history of the support obligor as known to the local child support agency. If the support obligors income or income history is unknown to the local child support agency, the complaint shall inform the support obligor that income shall be presumed to be the amount of the minimum wage, at 40 hours per week, established by the Industrial Welfare Commission pursuant to Section 1182.11 of the Labor Code unless information concerning the support obligors income is provided to the court. The complaint form shall be accompanied by a proposed judgment. The complaint form shall include a notice to the support obligor that the proposed judgment will become effective if he or she fails to file an answer with the court within 30 days of service. Except as provided in paragraph (2) of subdivision (a) of Section 17402, if the proposed judgment is entered by the court, the support order in the proposed judgment shall be effective as of the first day of the month following the filing of the complaint.
(3)(A)The simplified answer form shall be written in simple English and shall permit a defendant to answer and raise defenses by checking applicable boxes. The answer form shall include instructions for completion of the form and instructions for proper filing of the answer.
(B)The answer form shall be accompanied by a blank income and expense declaration or simplified financial statement and instructions on how to complete the financial forms. The answer form shall direct the defendant to file the completed income and expense declaration or simplified financial statement with the answer, but shall state that the answer will be accepted by a court without the income and expense declaration or simplified financial statement.
(C)The clerk of the court shall accept and file answers, income and expense declarations, and simplified financial statements that are completed by hand provided they are legible.
(4)(A)The simplified complaint form prepared pursuant to this subdivision shall be used by the local child support agency or the Attorney General in all cases brought under this section or Section 17404.
(B)The simplified answer form prepared pursuant to this subdivision shall be served on all defendants with the simplified complaint. Failure to serve the simplified answer form on all defendants shall not invalidate any judgment obtained. However, failure to serve the answer form may be used as evidence in any proceeding under Section 17432 of this code or Section 473 of the Code of Civil Procedure.
(C)The Judicial Council shall add language to the governmental summons, for use by the local child support agency with the governmental complaint to establish parental relationship and child support, informing defendants that a blank answer form should have been received with the summons and additional copies may be obtained from either the local child support agency or the superior court clerk.
(e)In any action brought or enforcement proceedings instituted by the local child support agency pursuant to this section for payment of child or spousal support, an action to recover an arrearage in support payments may be maintained by the local child support agency at any time within the period otherwise specified for the enforcement of a support judgment, notwithstanding the fact that the child has attained the age of majority.
(f)The county shall undertake an outreach program to inform the public that the services described in subdivisions (a) to (c), inclusive, are available to persons not receiving public assistance. There shall be prominently displayed in every public area of every office of the agencies established by this section a notice, in clear and simple language prescribed by the Director of Child Support Services, that the services provided in subdivisions (a) to (c), inclusive, are provided to all individuals, whether or not they are recipients of public assistance.
(g)(1)In any action to establish a child support order brought by the local child support agency in the performance of duties under this section, the local child support agency may make a motion for an order effective during the pendency of that action, for the support, maintenance, and education of the child or children that are the subject of the action. This order shall be referred to as an order for temporary support. This order has the same force and effect as a like or similar order under this code.
(2)The local child support agency shall file a motion for an order for temporary support within the following time limits:
(A)If the defendant is the mother, a presumed father under Section 7611, or any father if the child is at least six months old when the defendant files his or her answer, the time limit is 90 days after the defendant files an answer.
(B)In any other case in which the defendant has filed an answer prior to the birth of the child or not more than six months after the birth of the child, then the time limit is nine months after the birth of the child.
(3)If more than one child is the subject of the action, the limitation on reimbursement shall apply only as to those children whose parental relationship and age would bar recovery were a separate action brought for support of that child or those children.
(4)If the local child support agency fails to file a motion for an order for temporary support within the time limits specified in this section, the local child support agency shall be barred from obtaining a judgment of reimbursement for any support provided for that child during the period between the date the time limit expired and the date the motion was filed, or, if no motion is filed, when a final judgment is entered.
(5)Except as provided in Section 17304, nothing in this section prohibits the local child support agency from entering into cooperative arrangements with other county departments as necessary to carry out the responsibilities imposed by this section pursuant to plans of cooperation with the departments approved by the Department of Child Support Services.
(6)Nothing in this section otherwise limits the ability of the local child support agency from securing and enforcing orders for support of a spouse or former spouse as authorized under any other law.
(h)As used in this article, enforcing obligations includes, but is not limited to, all of the following:
(1)The use of all interception and notification systems operated by the department for the purpose of aiding in the enforcement of support obligations.
(2)The obtaining by the local child support agency of an initial order for child support that may include medical support or that is for medical support only, by civil or criminal process.
(3)The initiation of a motion or order to show cause to increase an existing child support order, and the response to a motion or order to show cause brought by an obligor parent to decrease an existing child support order, or the initiation of a motion or order to show cause to obtain an order for medical support, and the response to a motion or order to show cause brought by an obligor parent to decrease or terminate an existing medical support order, without regard to whether the child is receiving public assistance.
(4)The response to a notice of motion or order to show cause brought by an obligor parent to decrease an existing spousal support order if the child or children are residing with the obligee parent and the local child support agency is also enforcing a related child support obligation owed to the obligee parent by the same obligor.
(5)The referral of child support delinquencies to the Franchise Tax Board under subdivision (c) of Section 17500 in support of the local child support agency.
(i)As used in this section, out of wedlock means that the biological parents of the child were not married to each other at the time of the childs conception.
(j)(1)The local child support agency is the public agency responsible for administering wage withholding for current support for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(2)Nothing in this section limits the authority of the local child support agency granted by other sections of this code or otherwise granted by law.
(k)In the exercise of the authority granted under this article, the local child support agency may intervene, pursuant to subdivision (b) of Section 387 of the Code of Civil Procedure, by ex parte application, in any action under this code, or other proceeding in which child support is an issue or a reduction in spousal support is sought. By notice of motion, order to show cause, or responsive pleading served upon all parties to the action, the local child support agency may request any relief that is appropriate that the local child support agency is authorized to seek.
(l)The local child support agency shall comply with all regulations and directives established by the department that set time standards for responding to requests for assistance in locating noncustodial parents, establishing paternity, establishing child support awards, and collecting child support payments.
(m)As used in this article, medical support activities that the local child support agency is authorized to perform are limited to the following:
(1)The obtaining and enforcing of court orders for health insurance coverage.
(2)Any other medical support activity mandated by federal law or regulation.
(n)(1)Notwithstanding any other law, venue for an action or proceeding under this division shall be determined as follows:
(A)Venue shall be in the superior court in the county that is currently expending public assistance.
(B)If public assistance is not currently being expended, venue shall be in the superior court in the county where the child who is entitled to current support resides or is domiciled.
(C)If current support is no longer payable through, or enforceable by, the local child support agency, venue shall be in the superior court in the county that last provided public assistance for actions to enforce arrearages assigned pursuant to Section 11477 of the Welfare and Institutions Code.
(D)If subparagraphs (A), (B), and (C) do not apply, venue shall be in the superior court in the county of residence of the support obligee.
(E)If the support obligee does not reside in California, and subparagraphs (A), (B), (C), and (D) do not apply, venue shall be in the superior court of the county of residence of the obligor.
(2)Notwithstanding paragraph (1), if the child becomes a resident of another county after an action under this part has been filed, venue may remain in the county where the action was filed until the action is completed.
(o)The local child support agency of one county may appear on behalf of the local child support agency of any other county in an action or proceeding under this part.
SEC. 4.Section 69619 is added to the Government Code, to read:69619.(a)The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201516 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.
(b)The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.
SEC. 5.Section 1.5 of this bill incorporates amendments to Section 2104 of the Family Code proposed by both this bill and Senate Bill 340. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2104 of the Family Code, and (3) this bill is enacted after Senate Bill 340, in which case Section 1 of this bill shall not become operative.
(a)Except by court order for good cause, as provided in Section 2107, in the time period set forth in subdivision (f), each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury on a form prescribed by the Judicial Council. The commission of perjury on the preliminary declaration of disclosure may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury. The preliminary declaration of disclosure shall include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration.
(b)The preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court.
(c)The preliminary declaration of disclosure shall set forth with sufficient particularity, that a person of reasonable and ordinary intelligence can ascertain, all of the following:
(1)The identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate.
(2)The declarants percentage of ownership in each asset and percentage of obligation for each liability where property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarants characterization of each asset or liability.
(d)A declarant may amend his or her preliminary declaration of disclosure without leave of the court. Proof of service of any amendment shall be filed with the court.
(e)Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid.
(f)The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation, or within 60 days of filing the petition. The respondent shall serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. The time periods specified in this subdivision may be extended by written agreement of the parties or by court order.
SEC. 1.5.Section 2104 of the Family Code is amended to read:2104.(a)Except by court order for good cause, as provided in Section 2107, or when service of the preliminary declaration of disclosure is not required pursuant to Section 2110, in the time period set forth in subdivision (f), each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury on a form prescribed by the Judicial Council. The commission of perjury on the preliminary declaration of disclosure may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury. The preliminary declaration of disclosure shall include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration.
(b)The preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court.
(c)The preliminary declaration of disclosure shall set forth with sufficient particularity, that a person of reasonable and ordinary intelligence can ascertain, all of the following:
(1)The identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate.
(2)The declarants percentage of ownership in each asset and percentage of obligation for each liability where when property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarants characterization of each asset or liability.
(d)A declarant may amend his or her preliminary declaration of disclosure without leave of the court. Proof of service of any amendment shall be filed with the court.
(e)Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid.
(f)The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution, or dissolution or legal separation, or within 60 days of filing the petition. When a petitioner serves the summons and petition by publication or posting pursuant to court order and the respondent files a response prior to a default judgment being entered, the petitioner shall serve the other party with the preliminary declaration of disclosure within 30 days of the response being filed. The respondent shall serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. The time periods specified in this subdivision may be extended by written agreement of the parties or by court order.
SEC. 2.Section 17325 of the Family Code is amended to read:17325.(a)(1)Notwithstanding any other law, if child support payments are directly deposited to an account of the recipients choice, as authorized under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), the payments may only be deposited to an account that meets the requirements of a qualifying account, as defined in paragraph (2), for deposit of child support payments.
(2)For purposes of this section, a qualifying account is one of the following:
(A)A demand deposit or savings account at an insured financial institution in the name of the person entitled to the receipt of child support payments.
(B)A prepaid card account that meets all of the following:
(i)The account is held at an insured financial institution.
(ii)The account is set up to meet the requirements for passthrough deposit or share insurance so that the funds accessible through the account are eligible for insurance for the benefit of the person entitled to the receipt of child support payments by the Federal Deposit Insurance Corporation in accordance with Part 330 of Title 12 of the Code of Federal Regulations, or the National Credit Union Share Insurance Fund in accordance with Part 745 of Title 12 of the Code of Federal Regulations.
(iii)The account is not attached to any credit or overdraft feature that is automatically repaid from the account after delivery of the payment.
(iv)The issuer of the card complies with all of the requirements, and provides the holder of the card with all of the consumer protections, that apply to a payroll card account under the rules implementing the EFTA or other rules subsequently adopted under the EFTA that apply to prepaid card accounts.
(3)A person or entity that issues a prepaid card or maintains or manages a prepaid card account that does not comply with paragraph (2) shall not accept or facilitate the direct deposit of child support payments to the prepaid card account.
(b)For purposes of this section, the department shall not be held liable for authorizing a direct deposit of child support payments into a prepaid card account designated by the recipient that does not comply with paragraph (2) of subdivision (a). The department has no obligation to determine whether an account at the financial institution of the recipients choice is a qualifying account as described in subdivision (a).
(c)For the purposes of this section, the following definitions shall apply:
(1)Financial institution means a state or national bank, a state or federal savings and loan association, a mutual savings bank, or a state or federal credit union.
(2)Issuer means a person or entity that issues a prepaid card.
(3)Payroll card account shall have the same meaning as that term is defined in the regulations implementing the EFTA.
(4)Prepaid card or prepaid card account means either of the following:
(A)A card, code, or other means of access to funds of a recipient that is usable at multiple, unaffiliated merchants for goods or services, or usable at automated teller machines.
(B)The same as those terms or related terms are defined in the regulations adopted under the EFTA regarding general use reloadable cards.
SEC. 3.Section 17400 of the Family Code is amended to read:17400.(a)Each county shall maintain a local child support agency, as specified in Section 17304, that shall have the responsibility for promptly and effectively establishing, modifying, and enforcing child support obligations, including medical support, enforcing spousal support orders established by a court of competent jurisdiction, and determining paternity in the case of a child born out of wedlock. The local child support agency shall take appropriate action, including criminal action in cooperation with the district attorneys, to establish, modify, and enforce child support and, if appropriate, enforce spousal support orders if the child is receiving public assistance, including Medi-Cal, and, if requested, shall take the same actions on behalf of a child who is not receiving public assistance, including Medi-Cal.
(b)(1)Notwithstanding Sections 25203 and 26529 of the Government Code, attorneys employed within the local child support agency may direct, control, and prosecute civil actions and proceedings in the name of the county in support of child support activities of the Department of Child Support Services and the local child support agency.
(2)Notwithstanding any other law, and except for pleadings or documents required to be signed under penalty of perjury, a local child support agency may substitute original signatures with any form of electronic signatures, including, but not limited to, typed, digital, or facsimile images of signatures, digital signatures, or other computer-generated signatures, on pleadings filed for the purpose of establishing, modifying, or enforcing paternity, child support, or medical support. Any substituted signature used by a local child support agency shall have the same effect as an original signature, including, but not limited to, the requirements of Section 128.7 of the Code of Civil Procedure.
(3)Notwithstanding any other law, effective July 1, 2016, a local child support agency may electronically file pleadings signed by an agent of the local child support agency under penalty of perjury. An original signed pleading shall be executed prior to, or on the same day as, the day of electronic filing. Original signed pleadings shall be maintained by the local child support agency for the period of time proscribed by subdivision (a) of Section 68152 of the Government Code. A local child support agency may maintain the original signed pleading by way of an electronic copy in the Statewide Automated Child Support System. The Judicial Council, by July 1, 2016, shall develop rules to implement this subdivision.
(c)Actions brought by the local child support agency to establish paternity or child support or to enforce child support obligations shall be completed within the time limits set forth by federal law. The local child support agencys responsibility applies to spousal support only if the spousal support obligation has been reduced to an order of a court of competent jurisdiction. In any action brought for modification or revocation of an order that is being enforced under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the effective date of the modification or revocation shall be as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or any subsequent date.
(d)(1)The Judicial Council, in consultation with the department and representatives of the California Family Support Council, the Senate Committee on Judiciary, the Assembly Committee on Judiciary, and a legal services organization providing representation on child support matters, shall develop simplified summons, complaint, and answer forms for any action for support brought pursuant to this section or Section 17404. The Judicial Council may combine the summons and complaint in a single form.
(2)The simplified complaint form shall provide notice of the amount of child support that is sought pursuant to the guidelines set forth in Article 2 (commencing with Section 4050) of Chapter 2 of Part 2 of Division 9 based upon the income or income history of the support obligor as known to the local child support agency. If the support obligors income or income history is unknown to the local child support agency, the complaint shall inform the support obligor that income shall be presumed to be the amount of the minimum wage, at 40 hours per week, established by the Industrial Welfare Commission pursuant to Section 1182.11 of the Labor Code unless information concerning the support obligors income is provided to the court. The complaint form shall be accompanied by a proposed judgment. The complaint form shall include a notice to the support obligor that the proposed judgment will become effective if he or she fails to file an answer with the court within 30 days of service. Except as provided in paragraph (2) of subdivision (a) of Section 17402, if the proposed judgment is entered by the court, the support order in the proposed judgment shall be effective as of the first day of the month following the filing of the complaint.
(3)(A)The simplified answer form shall be written in simple English and shall permit a defendant to answer and raise defenses by checking applicable boxes. The answer form shall include instructions for completion of the form and instructions for proper filing of the answer.
(B)The answer form shall be accompanied by a blank income and expense declaration or simplified financial statement and instructions on how to complete the financial forms. The answer form shall direct the defendant to file the completed income and expense declaration or simplified financial statement with the answer, but shall state that the answer will be accepted by a court without the income and expense declaration or simplified financial statement.
(C)The clerk of the court shall accept and file answers, income and expense declarations, and simplified financial statements that are completed by hand provided they are legible.
(4)(A)The simplified complaint form prepared pursuant to this subdivision shall be used by the local child support agency or the Attorney General in all cases brought under this section or Section 17404.
(B)The simplified answer form prepared pursuant to this subdivision shall be served on all defendants with the simplified complaint. Failure to serve the simplified answer form on all defendants shall not invalidate any judgment obtained. However, failure to serve the answer form may be used as evidence in any proceeding under Section 17432 of this code or Section 473 of the Code of Civil Procedure.
(C)The Judicial Council shall add language to the governmental summons, for use by the local child support agency with the governmental complaint to establish parental relationship and child support, informing defendants that a blank answer form should have been received with the summons and additional copies may be obtained from either the local child support agency or the superior court clerk.
(e)In any action brought or enforcement proceedings instituted by the local child support agency pursuant to this section for payment of child or spousal support, an action to recover an arrearage in support payments may be maintained by the local child support agency at any time within the period otherwise specified for the enforcement of a support judgment, notwithstanding the fact that the child has attained the age of majority.
(f)The county shall undertake an outreach program to inform the public that the services described in subdivisions (a) to (c), inclusive, are available to persons not receiving public assistance. There shall be prominently displayed in every public area of every office of the agencies established by this section a notice, in clear and simple language prescribed by the Director of Child Support Services, that the services provided in subdivisions (a) to (c), inclusive, are provided to all individuals, whether or not they are recipients of public assistance.
(g)(1)In any action to establish a child support order brought by the local child support agency in the performance of duties under this section, the local child support agency may make a motion for an order effective during the pendency of that action, for the support, maintenance, and education of the child or children that are the subject of the action. This order shall be referred to as an order for temporary support. This order has the same force and effect as a like or similar order under this code.
(2)The local child support agency shall file a motion for an order for temporary support within the following time limits:
(A)If the defendant is the mother, a presumed father under Section 7611, or any father if the child is at least six months old when the defendant files his or her answer, the time limit is 90 days after the defendant files an answer.
(B)In any other case in which the defendant has filed an answer prior to the birth of the child or not more than six months after the birth of the child, then the time limit is nine months after the birth of the child.
(3)If more than one child is the subject of the action, the limitation on reimbursement shall apply only as to those children whose parental relationship and age would bar recovery were a separate action brought for support of that child or those children.
(4)If the local child support agency fails to file a motion for an order for temporary support within the time limits specified in this section, the local child support agency shall be barred from obtaining a judgment of reimbursement for any support provided for that child during the period between the date the time limit expired and the date the motion was filed, or, if no motion is filed, when a final judgment is entered.
(5)Except as provided in Section 17304, nothing in this section prohibits the local child support agency from entering into cooperative arrangements with other county departments as necessary to carry out the responsibilities imposed by this section pursuant to plans of cooperation with the departments approved by the Department of Child Support Services.
(6)Nothing in this section otherwise limits the ability of the local child support agency from securing and enforcing orders for support of a spouse or former spouse as authorized under any other law.
(h)As used in this article, enforcing obligations includes, but is not limited to, all of the following:
(1)The use of all interception and notification systems operated by the department for the purpose of aiding in the enforcement of support obligations.
(2)The obtaining by the local child support agency of an initial order for child support that may include medical support or that is for medical support only, by civil or criminal process.
(3)The initiation of a motion or order to show cause to increase an existing child support order, and the response to a motion or order to show cause brought by an obligor parent to decrease an existing child support order, or the initiation of a motion or order to show cause to obtain an order for medical support, and the response to a motion or order to show cause brought by an obligor parent to decrease or terminate an existing medical support order, without regard to whether the child is receiving public assistance.
(4)The response to a notice of motion or order to show cause brought by an obligor parent to decrease an existing spousal support order if the child or children are residing with the obligee parent and the local child support agency is also enforcing a related child support obligation owed to the obligee parent by the same obligor.
(5)The referral of child support delinquencies to the Franchise Tax Board under subdivision (c) of Section 17500 in support of the local child support agency.
(i)As used in this section, out of wedlock means that the biological parents of the child were not married to each other at the time of the childs conception.
(j)(1)The local child support agency is the public agency responsible for administering wage withholding for current support for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(2)Nothing in this section limits the authority of the local child support agency granted by other sections of this code or otherwise granted by law.
(k)In the exercise of the authority granted under this article, the local child support agency may intervene, pursuant to subdivision (b) of Section 387 of the Code of Civil Procedure, by ex parte application, in any action under this code, or other proceeding in which child support is an issue or a reduction in spousal support is sought. By notice of motion, order to show cause, or responsive pleading served upon all parties to the action, the local child support agency may request any relief that is appropriate that the local child support agency is authorized to seek.
(l)The local child support agency shall comply with all regulations and directives established by the department that set time standards for responding to requests for assistance in locating noncustodial parents, establishing paternity, establishing child support awards, and collecting child support payments.
(m)As used in this article, medical support activities that the local child support agency is authorized to perform are limited to the following:
(1)The obtaining and enforcing of court orders for health insurance coverage.
(2)Any other medical support activity mandated by federal law or regulation.
(n)(1)Notwithstanding any other law, venue for an action or proceeding under this division shall be determined as follows:
(A)Venue shall be in the superior court in the county that is currently expending public assistance.
(B)If public assistance is not currently being expended, venue shall be in the superior court in the county where the child who is entitled to current support resides or is domiciled.
(C)If current support is no longer payable through, or enforceable by, the local child support agency, venue shall be in the superior court in the county that last provided public assistance for actions to enforce arrearages assigned pursuant to Section 11477 of the Welfare and Institutions Code.
(D)If subparagraphs (A), (B), and (C) do not apply, venue shall be in the superior court in the county of residence of the support obligee.
(E)If the support obligee does not reside in California, and subparagraphs (A), (B), (C), and (D) do not apply, venue shall be in the superior court of the county of residence of the obligor.
(2)Notwithstanding paragraph (1), if the child becomes a resident of another county after an action under this part has been filed, venue may remain in the county where the action was filed until the action is completed.
(o)The local child support agency of one county may appear on behalf of the local child support agency of any other county in an action or proceeding under this part.
SEC. 4.Section 69619 is added to the Government Code, to read:69619.(a)The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201516 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.
(b)The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.
SEC. 5.Section 1.5 of this bill incorporates amendments to Section 2104 of the Family Code proposed by both this bill and Senate Bill 340. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2104 of the Family Code, and (3) this bill is enacted after Senate Bill 340, in which case Section 1 of this bill shall not become operative.
(a)Except by court order for good cause, as provided in Section 2107, in the time period set forth in subdivision (f), each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury on a form prescribed by the Judicial Council. The commission of perjury on the preliminary declaration of disclosure may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury. The preliminary declaration of disclosure shall include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration.
(b)The preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court.
(c)The preliminary declaration of disclosure shall set forth with sufficient particularity, that a person of reasonable and ordinary intelligence can ascertain, all of the following:
(1)The identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate.
(2)The declarants percentage of ownership in each asset and percentage of obligation for each liability where property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarants characterization of each asset or liability.
(d)A declarant may amend his or her preliminary declaration of disclosure without leave of the court. Proof of service of any amendment shall be filed with the court.
(e)Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid.
(f)The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation, or within 60 days of filing the petition. The respondent shall serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. The time periods specified in this subdivision may be extended by written agreement of the parties or by court order.
SEC. 2.Section 17325 of the Family Code is amended to read:17325.(a)(1)Notwithstanding any other law, if child support payments are directly deposited to an account of the recipients choice, as authorized under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), the payments may only be deposited to an account that meets the requirements of a qualifying account, as defined in paragraph (2), for deposit of child support payments.
(2)For purposes of this section, a qualifying account is one of the following:
(A)A demand deposit or savings account at an insured financial institution in the name of the person entitled to the receipt of child support payments.
(B)A prepaid card account that meets all of the following:
(i)The account is held at an insured financial institution.
(ii)The account is set up to meet the requirements for passthrough deposit or share insurance so that the funds accessible through the account are eligible for insurance for the benefit of the person entitled to the receipt of child support payments by the Federal Deposit Insurance Corporation in accordance with Part 330 of Title 12 of the Code of Federal Regulations, or the National Credit Union Share Insurance Fund in accordance with Part 745 of Title 12 of the Code of Federal Regulations.
(iii)The account is not attached to any credit or overdraft feature that is automatically repaid from the account after delivery of the payment.
(iv)The issuer of the card complies with all of the requirements, and provides the holder of the card with all of the consumer protections, that apply to a payroll card account under the rules implementing the EFTA or other rules subsequently adopted under the EFTA that apply to prepaid card accounts.
(3)A person or entity that issues a prepaid card or maintains or manages a prepaid card account that does not comply with paragraph (2) shall not accept or facilitate the direct deposit of child support payments to the prepaid card account.
(b)For purposes of this section, the department shall not be held liable for authorizing a direct deposit of child support payments into a prepaid card account designated by the recipient that does not comply with paragraph (2) of subdivision (a). The department has no obligation to determine whether an account at the financial institution of the recipients choice is a qualifying account as described in subdivision (a).
(c)For the purposes of this section, the following definitions shall apply:
(1)Financial institution means a state or national bank, a state or federal savings and loan association, a mutual savings bank, or a state or federal credit union.
(2)Issuer means a person or entity that issues a prepaid card.
(3)Payroll card account shall have the same meaning as that term is defined in the regulations implementing the EFTA.
(4)Prepaid card or prepaid card account means either of the following:
(A)A card, code, or other means of access to funds of a recipient that is usable at multiple, unaffiliated merchants for goods or services, or usable at automated teller machines.
(B)The same as those terms or related terms are defined in the regulations adopted under the EFTA regarding general use reloadable cards.
SEC. 3.Section 17400 of the Family Code is amended to read:17400.(a)Each county shall maintain a local child support agency, as specified in Section 17304, that shall have the responsibility for promptly and effectively establishing, modifying, and enforcing child support obligations, including medical support, enforcing spousal support orders established by a court of competent jurisdiction, and determining paternity in the case of a child born out of wedlock. The local child support agency shall take appropriate action, including criminal action in cooperation with the district attorneys, to establish, modify, and enforce child support and, if appropriate, enforce spousal support orders if the child is receiving public assistance, including Medi-Cal, and, if requested, shall take the same actions on behalf of a child who is not receiving public assistance, including Medi-Cal.
(b)(1)Notwithstanding Sections 25203 and 26529 of the Government Code, attorneys employed within the local child support agency may direct, control, and prosecute civil actions and proceedings in the name of the county in support of child support activities of the Department of Child Support Services and the local child support agency.
(2)Notwithstanding any other law, and except for pleadings or documents required to be signed under penalty of perjury, a local child support agency may substitute original signatures with any form of electronic signatures, including, but not limited to, typed, digital, or facsimile images of signatures, digital signatures, or other computer-generated signatures, on pleadings filed for the purpose of establishing, modifying, or enforcing paternity, child support, or medical support. Any substituted signature used by a local child support agency shall have the same effect as an original signature, including, but not limited to, the requirements of Section 128.7 of the Code of Civil Procedure.
(3)Notwithstanding any other law, effective July 1, 2016, a local child support agency may electronically file pleadings signed by an agent of the local child support agency under penalty of perjury. An original signed pleading shall be executed prior to, or on the same day as, the day of electronic filing. Original signed pleadings shall be maintained by the local child support agency for the period of time proscribed by subdivision (a) of Section 68152 of the Government Code. A local child support agency may maintain the original signed pleading by way of an electronic copy in the Statewide Automated Child Support System. The Judicial Council, by July 1, 2016, shall develop rules to implement this subdivision.
(c)Actions brought by the local child support agency to establish paternity or child support or to enforce child support obligations shall be completed within the time limits set forth by federal law. The local child support agencys responsibility applies to spousal support only if the spousal support obligation has been reduced to an order of a court of competent jurisdiction. In any action brought for modification or revocation of an order that is being enforced under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the effective date of the modification or revocation shall be as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or any subsequent date.
(d)(1)The Judicial Council, in consultation with the department and representatives of the California Family Support Council, the Senate Committee on Judiciary, the Assembly Committee on Judiciary, and a legal services organization providing representation on child support matters, shall develop simplified summons, complaint, and answer forms for any action for support brought pursuant to this section or Section 17404. The Judicial Council may combine the summons and complaint in a single form.
(2)The simplified complaint form shall provide notice of the amount of child support that is sought pursuant to the guidelines set forth in Article 2 (commencing with Section 4050) of Chapter 2 of Part 2 of Division 9 based upon the income or income history of the support obligor as known to the local child support agency. If the support obligors income or income history is unknown to the local child support agency, the complaint shall inform the support obligor that income shall be presumed to be the amount of the minimum wage, at 40 hours per week, established by the Industrial Welfare Commission pursuant to Section 1182.11 of the Labor Code unless information concerning the support obligors income is provided to the court. The complaint form shall be accompanied by a proposed judgment. The complaint form shall include a notice to the support obligor that the proposed judgment will become effective if he or she fails to file an answer with the court within 30 days of service. Except as provided in paragraph (2) of subdivision (a) of Section 17402, if the proposed judgment is entered by the court, the support order in the proposed judgment shall be effective as of the first day of the month following the filing of the complaint.
(3)(A)The simplified answer form shall be written in simple English and shall permit a defendant to answer and raise defenses by checking applicable boxes. The answer form shall include instructions for completion of the form and instructions for proper filing of the answer.
(B)The answer form shall be accompanied by a blank income and expense declaration or simplified financial statement and instructions on how to complete the financial forms. The answer form shall direct the defendant to file the completed income and expense declaration or simplified financial statement with the answer, but shall state that the answer will be accepted by a court without the income and expense declaration or simplified financial statement.
(C)The clerk of the court shall accept and file answers, income and expense declarations, and simplified financial statements that are completed by hand provided they are legible.
(4)(A)The simplified complaint form prepared pursuant to this subdivision shall be used by the local child support agency or the Attorney General in all cases brought under this section or Section 17404.
(B)The simplified answer form prepared pursuant to this subdivision shall be served on all defendants with the simplified complaint. Failure to serve the simplified answer form on all defendants shall not invalidate any judgment obtained. However, failure to serve the answer form may be used as evidence in any proceeding under Section 17432 of this code or Section 473 of the Code of Civil Procedure.
(C)The Judicial Council shall add language to the governmental summons, for use by the local child support agency with the governmental complaint to establish parental relationship and child support, informing defendants that a blank answer form should have been received with the summons and additional copies may be obtained from either the local child support agency or the superior court clerk.
(e)In any action brought or enforcement proceedings instituted by the local child support agency pursuant to this section for payment of child or spousal support, an action to recover an arrearage in support payments may be maintained by the local child support agency at any time within the period otherwise specified for the enforcement of a support judgment, notwithstanding the fact that the child has attained the age of majority.
(f)The county shall undertake an outreach program to inform the public that the services described in subdivisions (a) to (c), inclusive, are available to persons not receiving public assistance. There shall be prominently displayed in every public area of every office of the agencies established by this section a notice, in clear and simple language prescribed by the Director of Child Support Services, that the services provided in subdivisions (a) to (c), inclusive, are provided to all individuals, whether or not they are recipients of public assistance.
(g)(1)In any action to establish a child support order brought by the local child support agency in the performance of duties under this section, the local child support agency may make a motion for an order effective during the pendency of that action, for the support, maintenance, and education of the child or children that are the subject of the action. This order shall be referred to as an order for temporary support. This order has the same force and effect as a like or similar order under this code.
(2)The local child support agency shall file a motion for an order for temporary support within the following time limits:
(A)If the defendant is the mother, a presumed father under Section 7611, or any father if the child is at least six months old when the defendant files his or her answer, the time limit is 90 days after the defendant files an answer.
(B)In any other case in which the defendant has filed an answer prior to the birth of the child or not more than six months after the birth of the child, then the time limit is nine months after the birth of the child.
(3)If more than one child is the subject of the action, the limitation on reimbursement shall apply only as to those children whose parental relationship and age would bar recovery were a separate action brought for support of that child or those children.
(4)If the local child support agency fails to file a motion for an order for temporary support within the time limits specified in this section, the local child support agency shall be barred from obtaining a judgment of reimbursement for any support provided for that child during the period between the date the time limit expired and the date the motion was filed, or, if no motion is filed, when a final judgment is entered.
(5)Except as provided in Section 17304, nothing in this section prohibits the local child support agency from entering into cooperative arrangements with other county departments as necessary to carry out the responsibilities imposed by this section pursuant to plans of cooperation with the departments approved by the Department of Child Support Services.
(6)Nothing in this section otherwise limits the ability of the local child support agency from securing and enforcing orders for support of a spouse or former spouse as authorized under any other law.
(h)As used in this article, enforcing obligations includes, but is not limited to, all of the following:
(1)The use of all interception and notification systems operated by the department for the purpose of aiding in the enforcement of support obligations.
(2)The obtaining by the local child support agency of an initial order for child support that may include medical support or that is for medical support only, by civil or criminal process.
(3)The initiation of a motion or order to show cause to increase an existing child support order, and the response to a motion or order to show cause brought by an obligor parent to decrease an existing child support order, or the initiation of a motion or order to show cause to obtain an order for medical support, and the response to a motion or order to show cause brought by an obligor parent to decrease or terminate an existing medical support order, without regard to whether the child is receiving public assistance.
(4)The response to a notice of motion or order to show cause brought by an obligor parent to decrease an existing spousal support order if the child or children are residing with the obligee parent and the local child support agency is also enforcing a related child support obligation owed to the obligee parent by the same obligor.
(5)The referral of child support delinquencies to the Franchise Tax Board under subdivision (c) of Section 17500 in support of the local child support agency.
(i)As used in this section, out of wedlock means that the biological parents of the child were not married to each other at the time of the childs conception.
(j)(1)The local child support agency is the public agency responsible for administering wage withholding for current support for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(2)Nothing in this section limits the authority of the local child support agency granted by other sections of this code or otherwise granted by law.
(k)In the exercise of the authority granted under this article, the local child support agency may intervene, pursuant to subdivision (b) of Section 387 of the Code of Civil Procedure, by ex parte application, in any action under this code, or other proceeding in which child support is an issue or a reduction in spousal support is sought. By notice of motion, order to show cause, or responsive pleading served upon all parties to the action, the local child support agency may request any relief that is appropriate that the local child support agency is authorized to seek.
(l)The local child support agency shall comply with all regulations and directives established by the department that set time standards for responding to requests for assistance in locating noncustodial parents, establishing paternity, establishing child support awards, and collecting child support payments.
(m)As used in this article, medical support activities that the local child support agency is authorized to perform are limited to the following:
(1)The obtaining and enforcing of court orders for health insurance coverage.
(2)Any other medical support activity mandated by federal law or regulation.
(n)(1)Notwithstanding any other law, venue for an action or proceeding under this division shall be determined as follows:
(A)Venue shall be in the superior court in the county that is currently expending public assistance.
(B)If public assistance is not currently being expended, venue shall be in the superior court in the county where the child who is entitled to current support resides or is domiciled.
(C)If current support is no longer payable through, or enforceable by, the local child support agency, venue shall be in the superior court in the county that last provided public assistance for actions to enforce arrearages assigned pursuant to Section 11477 of the Welfare and Institutions Code.
(D)If subparagraphs (A), (B), and (C) do not apply, venue shall be in the superior court in the county of residence of the support obligee.
(E)If the support obligee does not reside in California, and subparagraphs (A), (B), (C), and (D) do not apply, venue shall be in the superior court of the county of residence of the obligor.
(2)Notwithstanding paragraph (1), if the child becomes a resident of another county after an action under this part has been filed, venue may remain in the county where the action was filed until the action is completed.
(o)The local child support agency of one county may appear on behalf of the local child support agency of any other county in an action or proceeding under this part.
SEC. 3.SEC. 4.Section 69619 is added to the Government Code, to read:69619.(a)The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201516 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.
(b)The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.
(a)Except by court order for good cause, as provided in Section 2107, in the time period set forth in subdivision (f), each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury on a form prescribed by the Judicial Council. The commission of perjury on the preliminary declaration of disclosure may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury. The preliminary declaration of disclosure shall include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration.
(b)The preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court.
(c)The preliminary declaration of disclosure shall set forth with sufficient particularity, that a person of reasonable and ordinary intelligence can ascertain, all of the following:
(1)The identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate.
(2)The declarants percentage of ownership in each asset and percentage of obligation for each liability where property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarants characterization of each asset or liability.
(d)A declarant may amend his or her preliminary declaration of disclosure without leave of the court. Proof of service of any amendment shall be filed with the court.
(e)Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid.
(f)The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution, dissolution or legal separation, or within 60 days of filing the petition. The respondent shall serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. The time periods specified in this subdivision may be extended by written agreement of the parties or by court order.
SEC. 2.Section 17325 of the Family Code is amended to read:17325.(a)(1)Notwithstanding any other law, if child support payments are directly deposited to an account of the recipients choice, as authorized under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), the payments may only be deposited to an account that meets the requirements of a qualifying account, as defined in paragraph (2), for deposit of child support payments.
(2)For purposes of this section, a qualifying account is one of the following:
(A)A demand deposit or savings account at an insured financial institution in the name of the person entitled to the receipt of child support payments.
(B)A prepaid card account that meets all of the following:
(i)The account is held at an insured financial institution.
(ii)The account is set up to meet the requirements for passthrough deposit or share insurance so that the funds accessible through the account are eligible for insurance for the benefit of the person entitled to the receipt of child support payments by the Federal Deposit Insurance Corporation in accordance with Part 330 of Title 12 of the Code of Federal Regulations, or the National Credit Union Share Insurance Fund in accordance with Part 745 of Title 12 of the Code of Federal Regulations.
(iii)The account is not attached to any credit or overdraft feature that is automatically repaid from the account after delivery of the payment.
(iv)The issuer of the card complies with all of the requirements, and provides the holder of the card with all of the consumer protections, that apply to a payroll card account under the rules implementing the EFTA or other rules subsequently adopted under the EFTA that apply to prepaid card accounts.
(3)A person or entity that issues a prepaid card or maintains or manages a prepaid card account that does not comply with paragraph (2) shall not accept or facilitate the direct deposit of child support payments to the prepaid card account.
(b)For purposes of this section, the department shall not be held liable for authorizing a direct deposit of child support payments into a prepaid card account designated by the recipient that does not comply with paragraph (2) of subdivision (a). The department has no obligation to determine whether an account at the financial institution of the recipients choice is a qualifying account as described in subdivision (a).
(c)For the purposes of this section, the following definitions shall apply:
(1)Financial institution means a state or national bank, a state or federal savings and loan association, a mutual savings bank, or a state or federal credit union.
(2)Issuer means a person or entity that issues a prepaid card.
(3)Payroll card account shall have the same meaning as that term is defined in the regulations implementing the EFTA.
(4)Prepaid card or prepaid card account means either of the following:
(A)A card, code, or other means of access to funds of a recipient that is usable at multiple, unaffiliated merchants for goods or services, or usable at automated teller machines.
(B)The same as those terms or related terms are defined in the regulations adopted under the EFTA regarding general use reloadable cards.
SEC. 3.Section 69619 is added to the Government Code, to read:69619.(a)The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201516 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.
(b)The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.
|
Date
|
Status
|
|---|---|
| Aug 27, 2015 | From committee: Do pass. (Ayes 7. Noes 0.) (August 27). |
| Oct 1, 2015 | Chaptered by Secretary of State - Chapter 416, Statutes of 2015. |
| Oct 1, 2015 | Approved by the Governor. |
| Sep 16, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 4, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0.). |
| Sep 4, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 2921.). |
| Sep 4, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 4, 2015 | Assembly Rule 77 suspended. (Page 2915.) |
| Sep 4, 2015 | Assembly Rule 77 suspended. |
| Sep 3, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2484.). |
| Sep 3, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 3, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77. |
| Sep 2, 2015 | Read second time. Ordered to third reading. |
| Sep 1, 2015 | Read third time and amended. Ordered to second reading. |
| Aug 31, 2015 | Read second time. Ordered to third reading. |
| Mar 10, 2015 | Read first time. To print. |
| Aug 17, 2015 | In committee: Referred to APPR. suspense file. |
| Jul 15, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 14). Re-referred to Com. on APPR. |
| Jun 15, 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. |
| Jun 11, 2015 | Referred to Com. on JUD. |
| Jun 1, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 1734.) |
| Jun 1, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 1, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 28, 2015 | Read second time. Ordered to third reading. |
| May 28, 2015 | From committee: Do pass. (Ayes 17. Noes 0.) (May 28). |
| Apr 22, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 14, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 14). Re-referred to Com. on APPR. |
| Mar 26, 2015 | Referred to Com. on JUD. |
| Mar 11, 2015 | From printer. May be heard in committee April 10. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 4, 2015 | AB 1519 JUD. Concurrence in Senate Amendments By STONE | Assembly Floor |
Passed |
|
| Sep 3, 2015 | Assembly 3rd Reading AB1519 JUD. By Wieckowski | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 17, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 14, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| Jun 1, 2015 | AB 1519 JUD. Assembly Third Reading By STONE | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 14, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Family Law Section of the State Bar | ** Support | Jun 1, 2015 |
| Judicial Council of California | ** Support | Sep 3, 2015 |
AB 1519
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 1519
(Committee on Judiciary)
As Amended September 1, 2015
Majority vote
ASSEMBLY: |
80-0 |
(June 1, 2015) |
SENATE: |
40-0 |
(September 3, 2015) |
Original Committee Reference: JUD.
SUMMARY: Seeks to improve the handling of family and juvenile law cases in our courts. Specifically, this bill:
In a legal separation proceeding, requires the petitioner to serve the other party with the required preliminary declaration of disclosure either concurrently with the petition for dissolution, or within 60 days of filing the petition. Requires the respondent to serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. Allows the time periods to be extended by written agreement of the parties or by court order.
Provides that the Department of Child Support Services (DCSS) has no obligation, when electronically depositing a child support recipient’s support into an account of the recipient's choice, to determine whether the account meets specified qualifications.
Allows a local child support agency, effective July 1, 2016, to electronically file pleadings signed under penalty of perjury. Requires that the original signed pleading be executed by the date the electronic pleading is filed and allows the local child support agency to maintain the signed original on the Statewide Automated Child Support System. Requires the Judicial Council, by July 1, 2016, to develop rules to implement these provisions.
Ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer (SJOs) positions to judgeships in 2015 to 2016, provided the conversion of these positions will result in judges being assigned to family or juvenile law assignments previously presided over by a subordinate judicial officer. Provides that this authority is in addition to the existing authority provided to convert 16 SJOs to judges.
Contains chaptering out amendments for SB 340, Chapter 46, Statutes of 2015.
The Senate amendments allow a local child support agency to electronically file pleadings signed under penalty of perjury and add chaptering out language.
EXISTING LAW:
In order to provide full and accurate disclosure of all assets and liabilities in which one or both parties may have an interest, requires each party to a dissolution or legal separation proceeding to serve the other party with a preliminary declaration of disclosure and a final declaration of disclosure, as provided.
In a dissolution proceeding, requires the petitioner to serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution, or within 60 days of filing the petition. Requires the respondent to serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. Allows the time periods to be extended by written agreement of the parties or by court order.
Existing federal law, the Electronic Funds Transfer Act, provides a basic framework establishing the rights, liabilities, and responsibilities of participants in electronic fund and remittance transfer systems.
Requires that child support payments, deposited directly into an account of the recipient's choice, only be deposited into a "qualifying account," defined as a) a demand deposit or savings account at an insured financial institution in the name of the person entitled to the child support, or b) a prepaid card account that meets specified criteria, including that the account is held at an insured financial institution, not attached to any credit or overdraft feature that is automatically repaid from the account, and the issuer provides the holder with specified consumer protections.
Prohibits entities which do not comply with the qualifying provisions in 4) above, from accepting or facilitating the direct deposits of child support payments. Exempts DCSS from liability for authorizing a direct deposit of child support payments into an account that is not "qualifying."
Requires that unemployment compensation benefit payments deposited into an account or prepaid card account of the recipient's choice must be deposited into a "qualifying account," as defined. Provides that the Employment Development Department (EDD) has no obligation to determine whether the account is a "qualifying account." Exempts EDD from liability for authorizing a direct deposit into a prepaid card account that is not "qualifying."
Requires that public assistance payments, as defined, deposited into an account or prepaid card account of the recipient's choice must be deposited into a "qualifying account," as defined. Provides that the county treasurer has no obligation to determine whether the account is a "qualifying account." Exempts the county treasurer and the county welfare department from liability for authorizing a direct deposit into an account that is not "qualifying."
Allows a local child support agency to electronically file documents and pleadings with the court using an electronic signature, except documents or pleadings that must be signed under penalty of perjury.
Provides that the Legislature shall prescribe the number of judges and provide for the officers and employees of each superior court. Provides that the Legislature may allow the trial courts to appoint officers such as commissioners to perform subordinate judicial duties.
Authorizes the courts to appoint subordinate judicial officers, and sets forth their duties and titles.
Authorizes the conversion of 16 SJO positions in eligible superior courts to judgeships each fiscal year as specified. Authorizes the Judicial Council to convert up to an additional 10 SJOs to judgeships each year, upon vacancy and subsequent legislative authorization, if the conversion of these additional positions will result in judges being assigned to family or juvenile law assignments previously presided over by subordinate judicial officers, but requires that such authority be ratified by the Legislature by statutory enactment.
FISCAL EFFECT: According to the Senate Appropriations analysis:
Annual costs of about $300,000 (General Fund*) for the conversion of 10 SJOs to judgeships, based on the salary and benefit differential of the two positions. The Judicial Council has indicated these costs will be funded through the reallocation of funds in the Trial Court Trust Fund.
Minor, absorbable one-time costs for the Judicial Council to develop rules to enable local child support agencies to electronically file pleadings.
Minor, absorbable impact to DCSS.
*Trial Court Trust Fund
COMMENTS: This Judiciary Committee bill makes four non-controversial changes to family law. First, it clarifies that, in a legal separation proceeding, preliminary disclosure declarations must be served on the other party within the timeframe required in dissolution proceedings. Second, it clarifies the duty of the Department of Child Support Services with respect to prepaid card accounts, consistent with the duty of the EDD issuing unemployment compensation benefits and county treasurers issuing public benefit payments. Third, it allows a local child support agency, effective July 1, 2016, to electronically file pleadings signed under penalty of perjury. Finally, as required by statute, this bill ratifies the Judicial Council's authority to convert 10 SJOs to judgeships in the next year, provided those judges replace SJOs in family or juvenile law cases. This last provision seeks to improve family and juvenile law cases by increasing the likelihood that these matters are presided over by more directly accountable judges.
Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334 FN: 0001979
AB 1519
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1519
Author: Committee on Judiciary
Amended: 9/1/15 in Senate
SENATE JUDICIARY COMMITTEE: 7-0, 7/14/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 80-0, 6/1/15 - See last page for vote
SUBJECT: Judiciary omnibus: family support
DIGEST: This bill makes various changes to the Family Code, including: (1) providing that the Department of Child Support Services (DCSS) has no obligation to determine whether an account at the financial institution of the recipient’s choice is a qualifying account, as defined; (2) allowing, effective July 1, 2016, a local child support agency to electronically file pleadings, as specified; (3) clarifying that a petitioner is required to serve the preliminary declaration of disclosure either concurrently with the petition for legal separation or within 60 days of filing the petition or response; and (4) ratifying the authority of the Judicial Council to convert 10 subordinate judicial officer (SJO) positions to judgeships in the 2015-16 fiscal year, as specified.
Senate Floor Amendments of 9/1/15 include language to address chaptering out issues with SB 340 (Anderson).
Existing law:
Provides that parties to a dissolution or legal separation must serve on the other party a preliminary declaration of disclosure of all assets and liabilities in which one or both parties may have an interest. (Fam. Code Sec. 2103.)
Provides that the preliminary declaration of disclosure of assets must be served within 60 days or concurrently with service of the petition for dissolution of marriage of the parties, and must be signed under penalty of perjury. (Fam. Code Sec. 2104.)
Provides, under the Federal Electronic Funds Transfer Act, a basic framework establishing the rights, liabilities, and responsibilities of participants in electronic fund and remittance transfer systems. (15 U.S.C. Sec. 1693 et seq.)
Requires that if child support payments are deposited directly into an account of the recipient’s choice, the funds only be deposited into a “qualifying account” defined as a demand deposit or savings account at an insured financial institution in the name of the person entitled to the receipt of child support payments, or a prepaid card account that meets specific criteria.
Provides that the Legislature shall prescribe the number of judges and provide for the officers and employees of each superior court. Existing law also states that the Legislature may provide for the trial courts to appoint officers such as commissioners to perform subordinate judicial duties. (Cal. Const., art. VI, Secs. 4, 22.)
Authorizes the courts to appoint SJOs, and sets forth their duties and titles. (Gov. Code Sec. 71622.)
Authorizes the conversion of 16 subordinate judicial officer positions in eligible superior courts to judgeships each fiscal year as specified. Existing law further authorizes the Judicial Council to convert up to an additional 10 SJOs to judgeships each year, upon vacancy and subsequent legislative authorization, if the conversion of these additional positions will result in a judge being assigned to a family or juvenile law assignment previously presided over by an SJO, but requires that such authority be ratified by the Legislature by statutory enactment. (Gov. Code Secs. 69615-16.)
This bill:
Clarifies that the preliminary declaration of disclosure of assets must be served within 60 days or concurrently with service of the petition for legal separation.
Provides that DCSS has no obligation to determine whether an account meets the specified criteria of a qualifying account.
Ratifies the authority of the Judicial Council to convert 10 SJO positions to judgeships in 2014-2015, provided the conversion of these positions will result in judges being assigned to family or juvenile law assignments previously presided over by an SJO, and provides that this authority is in addition to the existing authority provided to convert 16 SJOs to judges.
Background
AB 1519, sponsored by the Assembly Committee on Judiciary, seeking to improve the handling of family law cases in the courts, makes four clarifying and/or technical changes to family law.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
Annual costs of about $300,000 (General Fund*) for the conversion of 10 SJOs to judgeships, based on the salary and benefit differential of the two positions. The Judicial Council has indicated these costs will be funded through the reallocation of funds in the Trial Court Trust Fund.
Minor, absorbable one-time costs for the Judicial Council to develop rules to enable local child support agencies to electronically file pleadings.
Minor, absorbable impact to the Department of Child Support Services.
*Trial Court Trust Fund
Executive Committee of the Family Law Section of the State Bar
Judicial Council of California
None received
ARGUMENTS IN SUPPORT: The author writes:
This Committee bill makes non-controversial changes to family law. First, it clarifies that, in a legal separation proceeding, preliminary disclosure declarations must be served on the other party within the timeframe required in dissolution proceedings. Second, it clarifies the duty of the Department of Child Support Services with respect to prepaid card accounts, consistent with the duty of the EDD issuing unemployment compensation benefits and county treasurers issuing public benefit payments. Finally, as required by statute, the bill ratifies the Judicial Council’s authority to convert 10 SJOs to judgeships in the next year, provided those judges replace SJOs in family or juvenile law cases. This last provision seeks to improve family and juvenile law cases by increasing the likelihood that these matters are presided over by more directly accountable judges.
ASSEMBLY FLOOR: 80-0, 6/1/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by: Nichole Rapier / JUD. / (916) 651-4113
9/2/15 11:25:51
**** END ****
AB 1519
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1519
Author: Committee on Judiciary
Amended: 6/15/15 in Senate
SENATE JUDICIARY COMMITTEE: 7-0, 7/14/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 80-0, 6/1/15 - See last page for vote
SUBJECT: Judiciary omnibus: family support
DIGEST: This bill makes various changes to the Family Code, including: (1) providing that the Department of Child Support Services (DCSS) has no obligation to determine whether an account at the financial institution of the recipient’s choice is a qualifying account, as defined; (2) allowing, effective July 1, 2016, a local child support agency to electronically file pleadings, as specified; (3) clarifying that a petitioner is required to serve the preliminary declaration of disclosure either concurrently with the petition for legal separation or within 60 days of filing the petition or response; and (4) ratifying the authority of the Judicial Council to convert 10 subordinate judicial officer (SJO) positions to judgeships in the 2015–16 fiscal year, as specified.
Existing law:
Provides that parties to a dissolution or legal separation must serve on the other party a preliminary declaration of disclosure of all assets and liabilities in which one or both parties may have an interest. (Fam. Code Sec. 2103.)
Provides that the preliminary declaration of disclosure of assets must be served within 60 days or concurrently with service of the petition for dissolution of marriage of the parties, and must be signed under penalty of perjury. (Fam. Code Sec. 2104.)
Provides, under the Federal Electronic Funds Transfer Act, a basic framework establishing the rights, liabilities, and responsibilities of participants in electronic fund and remittance transfer systems. (15 U.S.C. Sec. 1693 et seq.)
Requires that if child support payments are deposited directly into an account of the recipient’s choice, the funds only be deposited into a “qualifying account” defined as a demand deposit or savings account at an insured financial institution in the name of the person entitled to the receipt of child support payments, or a prepaid card account that meets specific criteria.
Provides that the Legislature shall prescribe the number of judges and provide for the officers and employees of each superior court. States that the Legislature may provide for the trial courts to appoint officers such as commissioners to perform subordinate judicial duties. (Cal. Const., Art. VI, Secs. 4, 22.)
Authorizes the courts to appoint SJOs, and sets forth their duties and titles. (Gov. Code Sec. 71622.)
Authorizes the conversion of 16 subordinate judicial officer positions in eligible superior courts to judgeships each fiscal year as specified. Further authorizes the Judicial Council to convert up to an additional 10 SJOs to judgeships each year, upon vacancy and subsequent legislative authorization, if the conversion of these additional positions will result in a judge being assigned to a family or juvenile law assignment previously presided over by an SJO, but requires that such authority be ratified by the Legislature by statutory enactment. (Gov. Code Secs. 69615-16.)
This bill:
Clarifies that the preliminary declaration of disclosure of assets must be served within 60 days or concurrently with service of the petition for legal separation.
Provides that DCSS has no obligation to determine whether an account meets the specified criteria of a qualifying account.
Ratifies the authority of the Judicial Council to convert 10 SJOs to judgeships in 2014-2015, provided the conversion of these positions will result in judges being assigned to family or juvenile law assignments previously presided over by an SJO, and provides that this authority is in addition to the existing authority provided to convert 16 SJOs to judges.
Background
AB 1519, sponsored by the Assembly Committee on Judiciary, seeking to improve the handling of family law cases in the courts, makes four clarifying and/or technical changes to family law.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
Annual costs of about $300,000 (General Fund*) for the conversion of 10 SJOs to judgeships, based on the salary and benefit differential of the two positions. The Judicial Council has indicated these costs will be funded through the reallocation of funds in the Trial Court Trust Fund.
Minor, absorbable one-time costs for the Judicial Council to develop rules to enable local child support agencies to electronically file pleadings.
Minor, absorbable impact to DCSS.
*Trial Court Trust Fund
Executive Committee of the Family Law Section of the State Bar
Judicial Council of California
OPPOSITION: (Verified 8/28/15)
None received
ARGUMENTS IN SUPPORT: The author writes:
This Committee bill makes non-controversial changes to family law. First, it clarifies that, in a legal separation proceeding, preliminary disclosure declarations must be served on the other party within the timeframe required in dissolution proceedings. Second, it clarifies the duty of the Department of Child Support Services with respect to prepaid card accounts, consistent with the duty of the EDD issuing unemployment compensation benefits and county treasurers issuing public benefit payments. Finally, as required by statute, the bill ratifies the Judicial Council’s authority to convert 10 SJOs to judgeships in the next year, provided those judges replace SJOs in family or juvenile law cases. This last provision seeks to improve family and juvenile law cases by increasing the likelihood that these matters are presided over by more directly accountable judges.
ASSEMBLY FLOOR: 80-0, 6/1/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by: Nichole Rapier / JUD. / (916) 651-4113
8/31/15 12:48:01
**** END ****
AB 1519 (Committee on Judiciary) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1519 (Committee on Judiciary) - Judiciary omnibus: family support
|
|
Version: June 15, 2015 |
Policy Vote: JUD. 7 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: August 17, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 1519, the annual judiciary omnibus bill, would make technical and clarifying changes to the Family Code, as well as authorize the Judicial Council to convert 10 subordinate judicial officers (SJOs) to judgeships in the 2015-16 fiscal year if the conversion would result in a judge being assigned to a family law or juvenile law assignment, as specified.
Fiscal Impact:
Annual costs of about $300,000 (General Fund*) for the conversion of 10 SJOs to judgeships, based on the salary and benefit differential of the two positions. The Judicial Council has indicated these costs will be funded through the reallocation of funds in the Trial Court Trust Fund.
Minor, absorbable one-time costs for the Judicial Council to develop rules to enable local child support agencies to electronically file pleadings.
Minor, absorbable impact to the Department of Child Support Services.
*Trial Court Trust Fund
Background:
Existing law authorizes the conversion of 162 SJO positions in eligible courts to judgeships, upon vacancy, not to exceed 16 conversions each fiscal year. Additionally, Chapter 690/2010 authorizes the Judicial Council to convert up to an additional 10 SJO positions to judgeships each year, upon vacancy, to eligible courts if the conversion of the positions would result in the judge being assigned to a family law or juvenile law assignment previously presided over by an SJO. Existing law requires the conversion of the 10 additional SJO positions to be ratified by the Legislature through legislation other than the annual Budget Act. This was accomplished most recently through AB 2745 (Committee on Judiciary) Chapter 311/2014, which authorized the Judicial Council to convert up to 10 SJOs to judgeships in 2014-15.
This bill would provide the ratification by the Legislature necessary for conversion of 10 SJO positions to judgeships in 2015-16.
Proposed Law:
This bill would do the following:
Provide that the Department of Child Support Services (DCSS) has no obligation to determine whether an account at the financial institution of the recipient’s choice is a qualifying account, as defined.
Effective July 1, 2016, allow a local child support agency to electronically file pleadings, as specified.
Clarify that a petitioner is required to serve the preliminary declaration of disclosure either concurrently with the petition for legal separation or within 60 days of filing the petition or response.
Authorize the Judicial Council to convert 10 subordinate judicial officers (SJOs) to judgeships in the 2015-16 fiscal year if the conversion would result in a judge being assigned to a family law or juvenile law assignment, as specified.
Related Legislation:
SB 229 (Roth) 2015 would appropriate $10 million from the General Fund to establish six new superior court judgeships and associated support staff. This bill is pending on the Suspense File of the Assembly Committee on Appropriations.
Prior Legislation: SB 1190 (Jackson) 2014 would have authorized an additional 50 judges, funded a prior set of 50 judges, and increased the number of justices from seven to nine in the Fourth Appellate District Court of Appeal. This bill was held on the Suspense File of this Committee.
AB 2745 (Committee on Judiciary) Chapter 311/2014 ratified the authority of the Judicial Council to convert 10 SJOs to judgeships in 2014-15. This bill also authorized the Judicial Council to increase the procedures for family centered case resolution and updated the references to the uniform criteria used by the Judicial Council to allocate additional judges.
AB 1403 (Committee on Judiciary) Chapter 510/2013 ratified the authority of the Judicial Council to convert 10 SJOs to judgeships in 2013-14.
SB 405 (Corbett) Chapter 705/2011 ratified the authority of the Judicial Council to convert 10 SJOs to judgeships in 2011-12.
AB 2763 (Committee on Judiciary) Chapter 690/2010 authorized the Judicial Council to convert up to an additional 10 SJOs to judgeships each year, if the conversion of these positions will result in a judge being assigned to a family or juvenile law assignment previously presided over by an SJO.
AB 159 (Jones) Chapter 722/2007 permitted upon legislative authorization, the conversion of up to 162 existing subordinate SJO positions to judgeships in eligible superior courts upon a vacancy of an SJO position, provided that no more than 16 subordinate judicial officer positions may be converted in any calendar year.
Staff Comments:
Existing law authorizes the conversion of 162 SJO positions in eligible courts to judgeships, upon vacancy, not to exceed 16 conversions each fiscal year. Additionally, Chapter 690/2010 authorizes the Judicial Council to convert up to an additional 10 SJO positions to judgeships each year, upon vacancy, to eligible courts if the conversion of the positions would result in the judge being assigned to a family or juvenile law assignment previously presided over by an SJO. Existing law requires the conversion of the 10 additional SJO positions to be ratified by the Legislature by legislation other than the annual Budget Act. This bill would ratify the Judicial Council’s authority to convert 10 SJO positions, as specified, for the 2015-16 fiscal year.
The provisions of this bill do not increase the 162 total conversions authorized under existing law. This bill will authorize an additional 10 SJO positions to be converted to judgeships, upon vacancy, authorizing more family and juvenile law cases to be heard by judges. The annual cost difference (salary and benefits) between an SJO and judgeship position is approximately $30,000 (General Fund). By allowing up to 10 new conversions, this bill could result in annual state costs of about $300,000. The Judicial Council has indicated the increased cost will be funded through a reallocation of funds in the Trial Court Trust Fund.
The DCSS has indicated the revisions to the Family Code would not result in any significant impact to child support operations.
-- END --
AB 1519 (Committee on Judiciary)
Page 7 of 7
Senator Hannah-Beth Jackson, Chair
2015-2016 Regular Session
AB 1519 (Committee on Judiciary)
Version: June 15, 2015
Hearing Date: July 14, 2015
Fiscal: Yes
Urgency: No
NR
SUBJECT
Judiciary omnibus: family support
DESCRIPTION
This bill, sponsored by the Assembly Committee on Judiciary, would make various changes to the Family Code, including:
providing that the Department of Child Support Services (DCSS) has no obligation to determine whether an account at the financial institution of the recipient’s choice is a qualifying account, as defined;
effective July 1, 2016, allowing a local child support agency to electronically file pleadings, as specified;
clarifying that a petitioner is required to serve the preliminary declaration of disclosure either concurrently with the petition for legal separation or within 60 days of filing the petition or response; and
ratifying the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2015–16 fiscal year, as specified.
BACKGROUND
AB 1519, sponsored by the Assembly Committee on Judiciary, seeking to improve the handling of family law cases in the courts, would make four clarifying and/or technical changes to family law.
CHANGES TO EXISTING LAW
Existing law provides that parties to a dissolution or legal separation must serve on the other party a preliminary declaration of disclosure of all assets and liabilities in which one or both parties may have an interest. (Fam. Code Sec. 2103.)
Existing law provides that the preliminary declaration of disclosure of assets must be served within 60 days or concurrently with service of the petition for dissolution of marriage of the parties, and must be signed under penalty of perjury. (Fam. Code Sec. 2104.)
This bill would clarify that the preliminary declaration of disclosure of assets must be served within 60 days or concurrently with service of the petition for legal separation.
Existing federal law, the Electronic Funds Transfer Act (EFTA), provides a basic framework establishing the rights, liabilities, and responsibilities of participants in electronic fund and remittance transfer systems. (15 U.S.C. Sec. 1693 et seq.)
Existing law requires that if child support payments are deposited directly into an account of the recipient’s choice, the funds only be deposited into a “qualifying account” defined as a demand deposit or savings account at an insured financial institution in the name of the person entitled to the receipt of child support payments, or a prepaid card account that meets specific criteria.
This bill would provide that the Department of Child Support Services (DCSS) has no obligation to determine whether an account meets the specified criteria of a qualifying account.
Existing law provides that the Legislature shall prescribe the number of judges and provide for the officers and employees of each superior court. Existing law also states that the Legislature may provide for the trial courts to appoint officers such as commissioners to perform subordinate judicial duties. (Cal. Const., art. VI, Secs. 4, 22.)
Existing law
authorizes the courts to appoint subordinate judicial officers, and
sets forth their duties and titles. (Gov. Code Sec. 71622.)
Existing law authorizes the conversion of 16 subordinate judicial officer positions in eligible superior courts to judgeships each fiscal year as specified. Existing law further authorizes the Judicial Council to convert up to an additional 10 SJOs to judgeships each year, upon vacancy and subsequent legislative authorization, if the conversion of these additional positions will result in a judge being assigned to a family or juvenile law assignment previously presided over by an SJO, but requires that such authority be ratified by the Legislature by statutory enactment. (Gov. Code Secs. 69615-16.)
This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions (SJOs) to judgeships in 2014-2015, provided the conversion of these positions will result in judges being assigned to family or juvenile law assignments previously presided over by a subordinate judicial officer, and would provide that this authority is in addition to the existing authority provided to convert 16 SJOs to judges.
COMMENT
Stated need for the bill
According to the author:
This Committee bill makes non-controversial changes to family law. First, it clarifies that, in a legal separation proceeding, preliminary disclosure declarations must be served on the other party within the timeframe required in dissolution proceedings. Second, it clarifies the duty of the Department of Child Support Services with respect to prepaid card accounts, consistent with the duty of the EDD issuing unemployment compensation benefits and county treasurers issuing public benefit payments. Finally, as required by statute, the bill ratifies the Judicial Council’s authority to convert 10 SJOs to judgeships in the next year, provided those judges replace SJOs in family or juvenile law cases. This last provision seeks to improve family and juvenile law cases by increasing the likelihood that these matters are presided over by more directly accountable judges.
Preliminary declaration of disclosure of assets in an action for legal separation
The Elkins Family Law Task Force, chaired by Associate Justice Laurie D. Zelon of the Court of Appeal, Second Appellate District, Division Seven, was appointed in May 2008 for the purpose of conducting a comprehensive review of family law proceedings in order to make recommendations to the Judicial Council that would increase access to justice for family law litigants; ensure fairness and due process; and provide for more effective and consistent family law rules, policies, and procedures. The task force was formed at the suggestion of the California Supreme Court in Elkins v. Superior Court (2007) 41 Cal.4th 1369. The task force conducted a comprehensive review of family courts through in-person meetings, conference calls, and outreach to family court stakeholders and litigants. The final report contains twenty-one main recommendations; the Judicial Council accepted the report on April 23, 2010. (Hereinafter, Elkins Report.) The final report can be found at (Elkins Family Law Task Force: Final Report and Recommendations, (April 2010) Judicial Council <http://www.courts.ca.gov/ documents/elkins-finalreport.pdf> [as of June 29, 2015].)
While many of the Task Force’s recommendations may be implemented by the courts, whether through Rule of Court or even informal policy change, others require statutory changes. In 2010, AB 939 (Committee on Judiciary, Chapter 352, Statutes of 2010) was enacted to implement most of the Elkins Task Force’s key legislative recommendations. In 2012, following another recommendation of the Task Force, the Legislature required that the preliminary disclosure declaration be served within 60 days of the filing of the petition and/or response in dissolution cases. (AB 1406, Judiciary, Chapter 107, Statutes of 2012.) This bill would apply the same time frame in legal separation cases, which was arguably the intent of the initial legislation, and appropriate as it will ensure that spouses are required to timely provide each other with relevant information in the event of a legal separation.
Direct deposit of child support into qualifying accounts
Existing law provides that a child’s parents share equal responsibility to support the child in a manner suitable to the child’s circumstances. (Fam. Code Sec. 3900.) Child support is generally awarded when parents do not live together with the child, and the amount is based on a number of factors, including the time a child spends with each parent and each parent’s earnings. Child support can either be determined by agreement of the parents or by court order. In California, the child support program is administered by the Department of Child Support Services (DCSS), and carried out at the county level. Recipients of child support may receive payments by check, direct deposit, or by the state’s Electronic Pay Card.
In 2013, the Legislature authorized members of the California Work Opportunity and Responsibility to Kids (CalWORKS) program to receive monthly payments by electronic funds transfer only into qualifying accounts. That bill responded to fees and other penalties recipients had been charged for using various electronic cards connected to their benefits by extending important federal consumer protections such as deposit insurance, safeguards from theft and unauthorized charges, and prohibitions against overdraft fees and other credit-related features. AB 2252 (Pérez, Chapter 180, Stats. 2014) was enacted last year to apply those same protections to persons who choose to receive child support through electronic fund transfers into qualifying accounts.
This bill would further provide that DCSS has no obligation to ensure that the account a recipient has chosen to have funds directly deposited into is a qualifying account. Staff notes that nothing in existing law requires DCSS to ensure that accounts are qualifying, and additionally protects DCSS from liability for authorizing the direct deposit of child support payments into a non-qualifying account. Thus, existing law arguably creates minimal responsibility for DCSS to assist custodial parents in navigating the complicated child support system and protect whatever amount of support they receive. The author argues that this is consistent with existing law for similar prepaid card accounts.
Conversions of available subordinate judicial officer positions to judgeships in family and juvenile court
Under current law, the Legislature is responsible for prescribing the number of judges and providing for the officers and employees of each superior court. (Cal. Const., art. VI, Sec. 4.) Existing law further permits the Legislature to provide for, and the courts to appoint, subordinate judicial officers (SJOs) to assist the courts in carrying out their duties. (Id. at Sec. 22; Gov. Code Sec. 71622.)
Historically, SJO positions were created and funded at the county level to address courts’ needs for judicial-like resources when new judgeships were pending or not yet authorized by the Legislature. However, responding to the shortage of judges available to handle the trial courts’ workload, the Legislature has considered numerous bills over the last several years that established new judgeships and authorized the conversion of up to 162 existing SJOs (16 per fiscal year) to judgeships upon vacancy. Unlike judges, SJOs are not directly accountable to the public, but due to the shortages of judges, they are performing some of the most complex and sensitive judicial duties.
Recognizing the particular need for judges in family and juvenile law cases, AB 2763 (Committee on Judiciary, Chapter 690, Statutes of 2010), authorized the Judicial Council to convert up to an additional 10 SJOs to judgeships each year, if the conversion of these additional positions will result in a judge being assigned to a family or juvenile law assignment previously presided over by an SJO. However, such authorization must be ratified by the Legislature. This was done by the Legislature in 2011-2012 through SB 405 (Corbett, Chapter 705, Statutes of 2011), in 2013 through AB 1403 (Committee on Judiciary, Chapter 510, Statutes of 2013), and last year through AB 2745 (Committee on Judiciary, Chapter 311, Statutes of 2014). This bill would provide the Judicial Council with that same ratification for 2014-2015.
Electronic filing of pleadings by local child support agencies
In 2010, SB 1274 (Committee on Judiciary, Chapter 156, Statutes 2010) authorized parties to consent to or the court to order electronic service of documents that are not required to be personally served. Among other things, SB 1274 also required the Judicial Council to adopt uniform rules relating to the integrity of electronic filing and service of documents in the trial courts of the state, and redefined “electronic service” to include both electronic notification and electronic transmission, as specified. Since the passage of SB 1274, some counties have allowed electronic filing, but it is not entirely clear how widespread the practice is.
Consistent with SB 1274, this bill would expressly allow local child support agencies to file pleadings electronically, and would require that an original, pleading, signed under penalty of perjury, be executed on the same day, or before, the electronic pleading. This bill would additionally allow the local child support agency to maintain the original signed pleading by way of an electronic copy in the Statewide Automated Child Support System.
Support: Executive Committee of the Family Law Section of the State Bar; Judicial Council of California
Opposition: None Known
HISTORY
Source: Committee on Judiciary
Related Pending Legislation: None Known
Prior Legislation:
SB 340 (Anderson, Chapter 46, Statutes of 2015) would provide that a preliminary declaration of disclosure is not required by a petitioner if the petitioner served the summons and petition by publication or posting pursuant to court order and the respondent has defaulted, as specified.
AB 2252 (Perez, Chapter 180, Statutes of 2014) See Comment 3.
AB 2745 (Committee on Judiciary, Chapter 311, Statutes of 2014) See Comment 4.
AB 1403 (Committee on Judiciary, Chapter 510, Statutes of 2013) See Comment 4.
AB 1406 (Committee on Judiciary, Chapter 107, Statutes of 2012) set a 60 day time limit for the preliminary declaration of disclosure, as specified, and required the preliminary declaration of disclosure of assets to include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration.
SB 405 (Corbett, Chapter 705, Statutes of 2011) See Comment 4.
SB 1274 (Committee on Judiciary, Ch. 156, Stats. 2010) See Comment 5.
AB 939 (Committee on Judiciary, Chapter 352, Statutes of 2010) made various changes to family law proceedings thereby implementing a number of the legislative recommendations issued by the Elkins Family Law Task Force.
AB 2763 (Committee on Judiciary, Chapter 690, Statutes of 2010) See Comment 4.
Prior Vote:
Assembly Floor (Ayes 80, Noes 0)
Assembly Appropriations Committee (Ayes 17, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
**************
AB 1519
Page 3
ASSEMBLY THIRD READING
AB 1519
(Committee on Judiciary)
As Introduced March 10, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Judiciary |
10-0 |
Mark Stone, Wagner, Alejo, Chau, Chiu, Gallagher, Cristina Garcia, Holden, Maienschein, O'Donnell |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Seeks to improve the handling of family and juvenile law cases in our courts. Specifically, this bill:
In a legal separation proceeding, requires the petitioner to serve the other party with the required preliminary declaration of disclosure either concurrently with the petition for dissolution, or within 60 days of filing the petition. Requires the respondent to serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. Allows the time periods to be extended by written agreement of the parties or by court order.
Provides that the Department of Child Support Services (DCSS) has no obligation, when electronically depositing a child support recipient’s support into an account of the recipient's choice, to determine whether the account meets specified qualifications.
Ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer (SJOs) positions to judgeships in 2015 to 2016, provided the conversion of these positions will result in judges being assigned to family or juvenile law assignments previously presided over by a subordinate judicial officer. Provides that this authority is in addition to the existing authority provided to convert 16 SJOs to judges.
EXISTING LAW:
In order to provide full and accurate disclosure of all assets and liabilities in which one or both parties may have an interest, requires each party to a dissolution or legal separation proceeding to serve the other party with a preliminary declaration of disclosure and a final declaration of disclosure, as provided.
In a dissolution proceeding, requires the petitioner to serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution, or within 60 days of filing the petition. Requires the respondent to serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. Allows the time periods to be extended by written agreement of the parties or by court order.
Existing federal law, the Electronic Funds Transfer Act, provides a basic framework establishing the rights, liabilities, and responsibilities of participants in electronic fund and remittance transfer systems.
Requires that child support payments, deposited directly into an account of the recipient’s choice, only be deposited into a “qualifying account," defined as a) a demand deposit or savings account at an insured financial institution in the name of the person entitled to the child support, or b) a prepaid card account that meets specified criteria, including that the account is held at an insured financial institution, not attached to any credit or overdraft feature that is automatically repaid from the account, and the issuer provides the holder with specified consumer protections.
Prohibits entities which do not comply with the qualifying provisions in 4) above, from accepting or facilitating the direct deposits of child support payments. Exempts DCSS from liability for authorizing a direct deposit of child support payments into an account that is not "qualifying."
Requires that unemployment compensation benefit payments deposited into an account or prepaid card account of the recipient's choice must be deposited into a "qualifying account," as defined. Provides that the Employment Development Department (EDD) has no obligation to determine whether the account is a "qualifying account." Exempts EDD from liability for authorizing a direct deposit into a prepaid card account that is not "qualifying."
Requires that public assistance payments, as defined, deposited into an account or prepaid card account of the recipient's choice must be deposited into a "qualifying account," as defined. Provides that the county treasurer has no obligation to determine whether the account is a "qualifying account." Exempts the county treasurer and the county welfare department from liability for authorizing a direct deposit into an account that is not "qualifying."
Provides that the Legislature shall prescribe the number of judges and provide for the officers and employees of each superior court. Provides that the Legislature may allow the trial courts to appoint officers such as commissioners to perform subordinate judicial duties.
Authorizes the courts to appoint subordinate judicial officers, and sets forth their duties and titles.
Authorizes the conversion of 16 SJO positions in eligible superior courts to judgeships each fiscal year as specified. Authorizes the Judicial Council to convert up to an additional 10 SJOs to judgeships each year, upon vacancy and subsequent legislative authorization, if the conversion of these additional positions will result in judges being assigned to family or juvenile law assignments previously presided over by subordinate judicial officers, but requires that such authority be ratified by the Legislature by statutory enactment.
FISCAL EFFECT: According to the Assembly Appropriations analysis, annual costs of up to $300,000 for conversion of up to 10 SJOs to judgeships. For each conversion of an SJO position to a judgeship, the additional annual cost, based on salary differences between the two positions, is approximately $27,000. The Judicial Council indicates that these additional costs will be funded through a reallocation of monies in the Trial Court Trust Fund.
COMMENTS: This Judiciary Committee bill makes three non-controversial changes to family law. First, it clarifies that, in a legal separation proceeding, preliminary disclosure declarations must be served on the other party within the timeframe required in dissolution proceedings. Second, it clarifies the duty of the Department of Child Support Services with respect to prepaid card accounts, consistent with the duty of the EDD issuing unemployment compensation benefits and county treasurers issuing public benefit payments. Finally, as required by statute, this bill ratifies the Judicial Council's authority to convert 10 SJOs to judgeships in the next year, provided those judges replace SJOs in family or juvenile law cases. This last provision seeks to improve family and juvenile law cases by increasing the likelihood that these matters are presided over by more directly accountable judges.
Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334 FN: 0000561
AB 1519
Page 2
Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1519
(Committee on Judiciary) – As Introduced March 10, 2015
Policy Committee: |
Judiciary |
Vote: |
10 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY: This Committee bill:
Ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer (SJO) positions to judgeships in 2015-16, provided the conversion of these positions will result in judges being assigned to family or juvenile law assignments previously presided over by a subordinate judicial officer
Clarifies that, in a legal separation proceeding, preliminary disclosure declarations must be served on the other party within the timeframe required in dissolution proceedings. Allows the time periods to be extended by written agreement of the parties or by court order.
Clarifies the duty of the Department of Child Support Services with respect to prepaid card accounts, consistent with the duty of the Employment Development Department issuing unemployment compensation benefits and county treasurers issuing public benefit payments.
FISCAL EFFECT:
Annual costs of up to $300,000 for conversion of up to 10 SJOs to judgeships. For each conversion of an SJO position to a judgeship, the additional annual cost, based on salary differences between the two positions, is approximately $27,000. The Judicial Council indicates that these additional costs will be funded through a reallocation of monies in the Trial Court Trust Fund.
COMMENTS:
Purpose. This bill seeks to improve the handling of family and juvenile law cases in our courts by making three non-controversial changes to family law.
Background. According to the Judicial Council, SJO positions were historically created and funded at the county level to address courts’ needs for judicial-like resources when new judgeships were pending or not yet authorized by the Legislature. Unlike judges, SJOs are not directly accountable to the public, but due to the shortages of judges, are performing some of the most complex and sensitive judicial duties. Conversion of these positions to judgeships when they become vacant makes them both more accountable to the public and, the author contends, helps provide better trust and confidence in the courts.
AB 159 (Jones), Statutes of 2007, in addition to authorizing 50 additional trial court judgeships, authorized the conversion of 162 SJOs to judgeships, with a cap of 16 conversions per year and subject to Legislative authorization through the budget, which has occurred each year. On top of these 162 positions, AB 2763 (Feuer), Statutes of 2010, authorized conversion of an additional 10 SJO positions per year to judgeships, but only to fill SJO vacancies in a family law or juvenile law assignments in order to address shortages of judges in these areas. (The Judicial Council and other parties have identified family and juvenile law matters among those that are of such a nature as to require judges, rather than SJOs, to preside over them whenever possible.)
This bill fulfills the requirement in AB 2763 that the conversion of 10 SJOs be ratified by statutory enactment other than the Budget Act.
Prior Legislation. Since AB 2763 (Feuer) was signed in 2010, the Legislature has ratified the conversion of SJOs to judgeships three times:
AB 2745 (Judiciary), Chapter 311, Statutes of 2014.
AB 1403 (Judiciary), Chapter 510, Statutes of 2013.
SB 405 (Corbett), Chapter 705, Statutes of 2011.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
AB 1519
Page 5
Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
AB 1519
(Committee on Judiciary) – As Introduced March 10, 2015
SUBJECT: FAMILY LAW
KEY ISSUE: TO IMPROVE THE HANDLING OF FAMILY AND JUVENILE LAW CASES, SHOULD THE LEGISLATURE RATIFY THE JUDICIAL COUNCIL'S CONVERSION OF 10 SUBORDINATE JUDICIAL OFFICER POSITIONS TO JUDGES FOR FAMILY AND JUVENILE PROCEEDINGS AND MAKE OTHER CLARIFYING CHANGES TO THE FAMILY CODE?
SYNOPSIS
This Committee bill makes three non-controversial changes to family law. First, it clarifies that, in a legal separation proceeding, preliminary disclosure declarations must be served on the other party within the timeframe required in dissolution proceedings. Second, it clarifies the duty of the Department of Child Support Services with respect to prepaid card accounts, consistent with the duty of the Employment Development Department issuing unemployment compensation benefits and county treasurers issuing public benefit payments. Finally, as required by statute, the bill ratifies the Judicial Council's authority to convert 10 subordinate judicial officers (SJOs) to judgeships in the next year, provided those judges replace SJOs in family or juvenile law cases. This last provision seeks to improve family and juvenile law cases by increasing the likelihood that these matters are presided over by judges. There is no known opposition.
SUMMARY: Seeks to improve the handling of family and juvenile law cases in our courts. Specifically, this bill:
In a legal separation proceeding, requires the petitioner to serve the other party with the required preliminary declaration of disclosure either concurrently with the petition for dissolution, or within 60 days of filing the petition. Requires the respondent to serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. Allows the time periods to be extended by written agreement of the parties or by court order.
Provides that the Department of Child Support Services (DCSS) has no obligation, when electronically depositing a child support recipient’s support into an account of the recipient's choice, to determine whether the account meets specified qualifications.
Ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in 2015-16, provided the conversion of these positions will result in judges being assigned to family or juvenile law assignments previously presided over by a subordinate judicial officer. Provides that this authority is in addition to the existing authority provided to convert 16 SJOs to judges.
EXISTING LAW:
In order to provide full and accurate disclosure of all assets and liabilities in which one or both parties may have an interest, requires each party to a dissolution or legal separation proceeding to serve the other party with a preliminary declaration of disclosure and a final declaration of disclosure, as provided. (Family Code Section 2103.)
In a dissolution proceeding, requires the petitioner to serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution, or within 60 days of filing the petition. Requires the respondent to serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. Allows the time periods to be extended by written agreement of the parties or by court order. (Family Code Section 2104.)
Existing federal law, the Electronic Funds Transfer Act, provides a basic framework establishing the rights, liabilities, and responsibilities of participants in electronic fund and remittance transfer systems. (15 U.S.C. Sec. 1693 et seq.)
Requires that child support payments, deposited directly into an account of the recipient’s choice, only be deposited into a “qualifying account," defined as 1) a demand deposit or savings account at an insured financial institution in the name of the person entitled to the child support, or 2) a prepaid card account that meets specified criteria, including that the account is held at an insured financial institution, not attached to any credit or overdraft feature that is automatically repaid from the account, and the issuer provides the holder with specified consumer protections. (Family Code Section 17325.)
Prohibits entities which do not comply with the qualifying provisions in #4), above, from accepting or facilitating the direct deposits of child support payments. Exempts DCSS from liability for authorizing a direct deposit of child support payments into an account that is not “qualifying.” (Id.)
Requires that unemployment compensation benefit payments deposited into an account or prepaid card account of the recipient's choice must be deposited into a "qualifying account," as defined. Provides that the Employment Development Department (EDD) has no obligation to determine whether the account is a "qualifying account." Exempts EDD from liability for authorizing a direct deposit into a prepaid card account that is not “qualifying.” (Unemployment Insurance Code Section 1339.1.)
Requires that public assistance payments, as defined, deposited into an account or prepaid card account of the recipient's choice must be deposited into a "qualifying account," as defined. Provides that the county treasurer has no obligation to determine whether the account is a "qualifying account." Exempts the county treasurer and the county welfare department from liability for authorizing a direct deposit into an account that is not “qualifying.” (Welfare & Institutions Code Section 11006.2.)
Provides that the Legislature shall prescribe the number of judges and provide for the officers and employees of each superior court. Provides that the Legislature may allow the trial courts to appoint officers such as commissioners to perform subordinate judicial duties. (California Constitution, Article VI, Sections 4, 22.)
Authorizes the courts to appoint subordinate judicial officers, and sets forth their duties and titles. (Government Code Section 71622.)
Authorizes the conversion of 16 subordinate judicial officer positions in eligible superior courts to judgeships each fiscal year as specified. Authorizes the Judicial Council to convert up to an additional 10 SJOs to judgeships each year, upon vacancy and subsequent legislative authorization, if the conversion of these additional positions will result in judges being assigned to family or juvenile law assignments previously presided over by subordinate judicial officers, but requires that such authority be ratified by the Legislature by statutory enactment. (Government Code Sections 69615-16.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: This Committee bill makes three non-controversial changes to family law. First, it clarifies that, in a legal separation proceeding, preliminary disclosure declarations must be served on the other party within the timeframe required in dissolution proceedings. Second, it clarifies the duty of the Department of Child Support Services with respect to prepaid card accounts, consistent with the duty of the EDD issuing unemployment compensation benefits and county treasurers issuing public benefit payments. Finally, as required by statute, the bill ratifies the Judicial Council's authority to convert 10 SJOs to judgeships in the next year, provided those judges replace SJOs in family or juvenile law cases. This last provision seeks to improve family and juvenile law cases by increasing the likelihood that these matters are presided over by more directly accountable judges.
Preliminary Disclosure Declarations: As part of a dissolution or legal separation, spouses must, until assets and liabilities have been divided, make full disclosure to each other of all information on all assets in which the community may have an interest and all debts for which the community may be liable, and to provide access to all information, records, and books that pertain to the value and character of those assets and debts. To accomplish this, the parties are required to serve each other with a preliminary disclosure declaration listing the parties' assets and liabilities, and the percentage of ownership in each item not solely owned by one or the other party. Additionally, unless the judgment is by default, no final judgment as to property rights may be entered unless the parties have served the required declarations on the other party, or they have stipulated to a mutual waiver of a final disclosure declaration, having previously exchanged preliminary disclosure declarations. In case of a default judgment, only the petitioner's declaration of service of the preliminary disclosure is required.
Despite these clear requirements, some parties still try to hide their assets and delay the proceedings by failing to serve their disclosure declarations timely. In 2012, the Legislature, following a recommendation from the Elkins Family Law Task Force, required that the preliminary disclosure declaration be served by the petitioner within 60 days of filing of the petition and by the respondent within 60 days of filing of the response in dissolution cases. (AB 1406 (Judiciary), Chap. 107, Stats. 2012.) However that legislation only applied to dissolution actions and not legal separations, despite the similar circumstances.
This bill corrects that oversight by requiring that the timeframe for exchange of Preliminary Declarations of Disclosure in dissolution cases also applies to legal separation cases – within 60 days of the filing of the petition or the response. The Family Law Section of the State Bar supports this provision of the bill.
Child Support Pre-Paid Card Accounts: In recent years, the Legislature has allowed a recipient of various government payments and benefits to have the funds deposited onto prepaid, reloadable card accounts, provided those cards comply with consumer protection standards, including that the account: (1) is held at an insured financial institution, (2) is not attached to any credit or overdraft feature, (3) meet certain federal guidelines for pass-through insurance, and (4) meets all federal Electronic Funds Transfer Act requirements. In 2013, the Legislature applied these consumer protection requirements to unemployment insurance benefits payments and public assistance payments (AB 1280 (J. Perez), Chap. 557, Stats. 2013), and in 2014 to child support payments dispersed by DCSS (AB 2252 (J. Perez), Chap. 180, Stats. 2014). The entity that issues the prepaid card or maintains the prepaid card account is statutorily responsible for ensuring that the accounts meet the requirements for acceptance of these government payments.
Those bills specifically exempted EDD, the county treasurer, the county welfare department and DCSS from liability for authorizing a deposit into an account that does not meet the required qualifications. AB 1280 also specifically provided that EDD and the county have no obligation to determine whether the account is a "qualifying account." However, AB 2252 failed to specifically limit DCSS's obligation. This bill, consistent with the existing law for the other government payments, clarifies that DCSS has no obligation to determine whether an account chosen by a child support recipient meets the qualifications for electronic transfer. Like with unemployment compensation benefits and public benefits, the duty is on the issuer of the prepaid card accounts to determine if the accounts comply with the law and, if not, they may not accept the child support payments from DCSS.
Subordinate Judicial Officer Conversions: This bill seeks to improve family and juvenile law cases by ratifying the Judicial Council's authority to convert 10 SJOs to judgeships in 2015-16, provided the conversion of these positions will result in a judge being assigned to a family or juvenile law assignment previously presided over by a subordinate judicial officer. This will increase the likelihood that these matters will be presided over by judges and not subordinate judicial officers.
According to the Judicial Council, historically SJO positions were created and funded at the county level to address courts’ needs for judicial-like resources when new judgeships were pending or not yet authorized by the Legislature. Unlike judges, SJOs are not directly accountable to the public, but due to the shortages of judges, are performing some of the most complex and sensitive judicial duties. Conversion of these positions to judgeships when they become vacant makes them more accountable to the public and, the Judicial Council contends, helps provide better trust and confidence in the courts.
In 2007, AB 159 (Jones), Chap. 722, was enacted to address a severe shortage in the number of trial court judgeships. At that time, the Judicial Council noted potentially serious consequences flowing from this deficiency in judicial resources, including a significant decrease in Californians’ access to the courts, compromised public safety, an unstable business climate, and enormous backlogs in some courts that inhibit fair, timely and equitable justice. That bill, in addition to authorizing 50 additional judges, authorized the conversion of 162 SJOs, upon vacancy, to judgeships to utilize the judicial resources more efficiently and properly limit SJOs to subordinate judicial duties. The stated findings and declarations supporting the legislation included the following:
It is the intent of the Legislature in enacting this section to restore an appropriate balance between subordinate judicial officers and judges in the trial courts by providing for the conversion, as needed, of subordinate judicial officer positions to judgeships in courts that assign subordinate judicial officers to act as temporary judges. The Legislature finds that these positions must be converted to judgeships in order to ensure that critical case types, including family, probate, and juvenile law matters, can be heard by judges. (Government Code Section 69615.)
In 2002 the Judicial Council identified family and juvenile law matters among those that are of such a nature as to require judges, rather than SJOs, to preside over them whenever possible. This Council policy has been echoed repeatedly. Among its many recommendations, the Blue Ribbon Commission on Children in Foster Care recommended that “[c]onsistent with Judicial Council policy, judges—not subordinate judicial officers—hear dependency and delinquency cases. Pending a full transition from subordinate judicial officers to judges (through reassignment or conversion of subordinate judicial officer positions to judgeships), presiding judges should continue the assignment of well-qualified and experienced subordinate judicial officers to juvenile court.”
Recognizing the particular need for judges in family and juvenile law cases, AB 2763 (Judiciary), Chap. 690, Stats. 2010, authorized the Judicial Council to convert up to an additional 10 SJOs to judgeships each year, if the conversion of these additional positions will result in a judge being assigned to a family or juvenile law assignment previously presided over by an SJO. However, such authorization must be ratified by the Legislature. This was done by the Legislature in 2014-15 (AB 2745 (Judiciary), Chap. 311, States. 2014), in 2013-14 (AB 1403 (Judiciary), Chap. 510, Stats. 2013) and 2011-12 (SB 405 (Corbett), Chap. 705, Stats. 2011). This bill seeks to provide the Judicial Council with that same ratification for 2015-16. Judicial Council supports this portion of the bill.
REGISTERED SUPPORT / OPPOSITION:
Support
Family Law Section of the State Bar
Judicial Council
Opposition
None on file
Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334
Discussed in Hearing
46SEC
Assembly Floor
2MIN
Senate Floor
39SEC
Senate Standing Committee on Appropriations
46SEC
Assembly Floor
Bill Author
Bill Co-Author(s):