BILL NUMBER: SB 28	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 13, 2015

INTRODUCED BY   Senator Wieckowski

                        DECEMBER 1, 2014

   An act to amend Section  4325   4320  of
the Family Code, relating to spousal support.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 28, as amended, Wieckowski. Spousal support factors: domestic
 violence conviction.   violence.  
   Existing law requires a court to order spousal support in an
amount, and for a period of time, that the court determines is just
and reasonable based on the standard of living established during the
marriage. In making spousal support awards, the court is required to
consider, among other factors, documented evidence of any history of
domestic violence between the parties or against the child of either
party.  
   This bill would specify that a plea of nolo contendere is included
within the documented evidence of domestic violence to be considered
by the court.  
   Existing law requires that in any proceeding for dissolution of
marriage where there is a criminal conviction for an act of domestic
violence perpetrated by one spouse against the other spouse entered
by the court within 5 years prior to the filing of the dissolution
proceeding, or at any time thereafter, there is a rebuttable
presumption affecting the burden of proof that any award of temporary
or permanent spousal support to the abusive spouse otherwise
awardable should not be made.  
   This bill would provide that a plea of nolo contendere would
constitute a criminal conviction for the above purposes. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4320 of the   Family
Code   is amended to read: 
   4320.  In ordering spousal support under this part, the court
shall consider all of the following circumstances:
   (a) The extent to which the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following:
   (1) The marketable skills of the supported party; the job market
for those skills; the time and expenses required for the supported
party to acquire the appropriate education or training to develop
those skills; and the possible need for retraining or education to
acquire other, more marketable skills or employment.
   (2) The extent to which the supported party's present or future
earning capacity is impaired by periods of unemployment that were
incurred during the marriage to permit the supported party to devote
time to domestic duties.
   (b) The extent to which the supported party contributed to the
attainment of an education, training, a career position, or a license
by the supporting party.
   (c) The ability of the supporting party to pay spousal support,
taking into account the supporting party's earning capacity, earned
and unearned income, assets, and standard of living.
   (d) The needs of each party based on the standard of living
established during the marriage.
   (e) The obligations and assets, including the separate property,
of each party.
   (f) The duration of the marriage.
   (g) The ability of the supported party to engage in gainful
employment without unduly interfering with the interests of dependent
children in the custody of the party.
   (h) The age and health of the parties.
   (i) Documented  evidence   evidence,
including a plea of nolo contendere,  of any history of domestic
violence, as defined in Section 6211, between the parties or
perpetrated by either party against either party's child, including,
but not limited to, consideration of emotional distress resulting
from domestic violence perpetrated against the supported party by the
supporting party, and consideration of any history of violence
against the supporting party by the supported party.
   (j) The immediate and specific tax consequences to each party.
   (k) The balance of the hardships to each party.
   (  l  ) The goal that the supported party shall be
self-supporting within a reasonable period of time. Except in the
case of a marriage of long duration as described in Section 4336, a
"reasonable period of time" for purposes of this section generally
shall be one-half the length of the marriage. However, nothing in
this section is intended to limit the court's discretion to order
support for a greater or lesser length of time, based on any of the
other factors listed in this section, Section 4336, and the
circumstances of the parties.
   (m) The criminal conviction of an abusive spouse shall be
considered in making a reduction or elimination of a spousal support
award in accordance with Section 4324.5 or 4325.
   (n) Any other factors the court determines are just and equitable.

  SECTION 1.    Section 4325 of the Family Code is
amended to read:
   4325.  (a) In any proceeding for dissolution of marriage where
there is a criminal conviction for an act of domestic violence
perpetrated by one spouse against the other spouse entered by the
court within five years prior to the filing of the dissolution
proceeding, or at any time thereafter, there shall be a rebuttable
presumption affecting the burden of proof that any award of temporary
or permanent spousal support to the abusive spouse otherwise
awardable pursuant to the standards of this part should not be made.
   (b) The court may consider documented evidence of a convicted
spouse's history as a victim of domestic violence, as defined in
Section 6211, perpetrated by the other spouse, or any other factors
the court deems just and equitable, as conditions for rebutting this
presumption.
   (c) The rebuttable presumption created in this section may be
rebutted by a preponderance of the evidence.
   (d) Notwithstanding Section 1016 of the Penal Code, a plea of nolo
contendere constitutes a criminal conviction for the purposes of
this section.