Family Legal Ease - Family Law and LGBT Legal Services

Take the Stress out of Family Law


New Legislation in Process

Posted on March 19, 2015 at 2:15 PM


The following are new Bills currently running through the system:


Custody, Support, and Parentage Related

AB 297 Child custody: preferences of child. Clarifying changes only to Family Code Section 3042. This code section addresses the requirement of the court to hear and consider the preferences and testimony of children in custody cases. To read this Bill click here.

AB 365 Child custody proceedings: testimony by electronic means. This Bill proposes to add a Family Code Section 3012 which would allow in person testimony of a party in a Custody case whose deportation or detention by the federal Department of Homeland Security materially effects his or her ability to appear in person at a child custody proceeding to present testimony and evidence and participate in court-ordered mandatory child custody mediation by electronic means, including telephone, video teleconferencing, or the Internet, consistent with other means, to the extent that this technology is reasonably available to the court and protects the due process rights of all parties. To read this Bill click here.

AB 610 Child support: suspension of support order. This Bill would give the authority, indefinitely, to the Department of Child Support Services to automatically suspend the child support obligation of a party who becomes incarcerated for over 90 days and to administrative adjust the arrears and interest accordingly.


AB 1049 Parent and child relationship. This Bill is very convoluted containing many different as well as unrelated proposed new statutes and law. This Bill should be review in detail and carefully. I strongly oppose this Bill as containing unrelated subjects on an all or nothing basis. To read the extensive details of this Bill click here.

SB 414 Marriage. This Bill proposes to revise all existing laws replacing references to a "husband" or "wife" with references to a "spouse," and would make other conforming and related changes.

SB 585 Insurance payments: interception. This bill would create the Insurance Payment Intercept Program within the Department of Insurance. The bill would require the Department of Insurance to consult with the Department of Child Support Services and create a system to intercept insurance payout of funds to a person owing child support. To read this Bill click here.


SB 731 Foster children: housing: gender identity. This bill would require foster children and nonminor dependents in out-of-home-care to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. To read this Bill click here.


Community Property Liabilities


AB 1183 Sales and use taxes: deficiencies: judgment of dissolution of marriage. This is an interesting one. This Bill proposes to relieve a spouse of an unpaid sales or use tax or deficiency of that tax, if the other spouse has the sole obligation arising from a judgment of dissolution of marriage to pay the unpaid tax or a deficiency, or any portion of either. To read this Bill please click here.



Court Administration Related

AB 749 Superior courts: reporters. Makes minor non-substantive changes to the statute. This statute provides that when a verbatim record (Court Reporter Transcript) of a superior court proceeding is not made at public expense, the cost of making that record is required to be paid by the parties in equal proportion, except that either party may, at his or her option, pay the whole.


AB 804 Courts: superior court fees: official court reporters. This Bill Amends Government Code 68086 relating to the court costs of reporters at trial and court hearings. This proposed amendment to the code is complex and should be read carefully in detail if an opinion is to be given.




Categories: Court and Legal News