[Update 9/24/10–Governor Schwarzenegger has now signed SB 1482 into law.–GS]
[Update 8/20/10–SB 1482 has now passed the full legislature and is on Governor Schwarzenegger’s desk.–GS]
[Update 8/17/10–SB 1482 has now passed out of committee and is on the Senate floor.–GS]
Fathers and Families recognizes that sometimes alimony (and alimony increases) are appropriate, particularly when a parent, usually a mother, has had to make large career sacrifices to care for children. This is especially relevant if the children have school-related problems or other special needs. However, Fathers and Families is also concerned about the abuses experienced by California spousal support obligors.
Some obligors assert that their exes are voluntarily unemployed or underemployed, or are artificially lowering their earning capacity because they”d rather keep collecting large amounts of alimony. SB 1482, a bill recently introduced by Senator Rod Wright (D-Los Angeles), helps solve this problem by allowing obligors to request vocational examinations for the recipients of alimony payments, and requiring judges to follow the examiner”s estimate of the recipient”s earning ability when calculating alimony.
Also, current law places no time limit on how long potential alimony recipients have to file for increases after their children reach the age of majority and child support ends. This can create many problems for alimony obligors, who can be hit with stiff increases well after their children have emancipated. SB 1482 solves this by placing a six month time limit on the obligee.
SB 415 (Harman), passed in 2007, added Section 4326 to the Family Code so that in a proceeding in which a spousal support order exists or in which the court has retained jurisdiction over a spousal support order, if a companion child support order is in effect, the termination of child support shall constitute a change of circumstances that may be the basis for a request for modification of spousal support. The bill had enormous support and sailed through the California legislature. The existing law created by SB 415 sunsets on January 1, 2011. SB 1482 extends this sunset for three years.
The Family Law Executive Committee of the California State Bar is the sponsor of the bill. Fathers and Families” legislative representative, Michael Robinson, helped draft the bill”s protections for parents who pay alimony, and was also responsible for securing a sponsor for the bill.
If you are an alimony and/or child support obligor, we want to hear from you–please fill out our form here. Our full SB 1482 Support Letter to Assemblymember Mike Feuer, Chair, Assembly Committee on the Judiciary is below:
June 29, 2010
Assemblymember Mike Feuer
Chair, Assembly Committee on the Judiciary
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0042
Tel: (916) 319-2042
Fax: (916) 319-2142Re: SB 1482: An act to amend Section 4326 of the Family Code, relating to spousal support.
Position: SUPPORT
Dear Chairman Feuer:
Fathers and Families is concerned about the abuses sometimes experienced by California spousal support obligors. However, our organization also recognizes that sometimes alimony (and alimony increases) are appropriate, particularly when a parent, usually a mother, has had to make large career sacrifices to care for children. This is especially relevant if the children have school-related problems or other special needs.
We believe that SB 1482 strikes the correct balance. Existing law helps alimony recipients by providing that in a proceeding in which a spousal support order exists or in which the court has retained jurisdiction over a spousal support order, if a companion child support order is in effect, the termination of child support shall constitute a change of circumstances that may be the basis for a request for modification of spousal support. The law sunsets on January 1, 2011–SB 1482 extends this sunset for three years.
On the other hand, SB 1482 offers protections to California”s alimony obligors. Under the bill, an obligor can request a vocational examination for the recipient, and the judge must follow the examiner”s estimates of the recipient”s earning ability when calculating alimony.
Moreover, current law places no time limit on how long potential alimony recipients have to file for increases after their children reached the age of majority–a circumstance that can open up a myriad of problems. SB 1482 solves this by placing a time limit on the obligee.
SB 1482 is fair and equitable to both alimony recipients and payers, and for this reason Fathers & Families supports it.
Fathers & Families is a national 501(c)3 not-for-profit charitable organization with offices in Sacramento, Los Angeles, and Boston. Fathers & Families improves the lives of children and strengthens society by protecting the child”s right to the love and care of both parents after separation or divorce. We seek better lives for children through family court reform that establishes equal rights and responsibilities for fathers and mothers.
Together with you in the love of our children,
Glenn Sacks
Glenn Sacks, MA
Executive Director, Fathers & Familiescc: Drew Liebert
cc: Rod Wright
Together with you in the love of our children,
Glenn Sacks, MA
Executive Director, Fathers & Families
Ned Holstein, M.D., M.S.
Founder, Chairman of the Board, Fathers & Families