CourtClerk
Senior Member
What is the name of your state (only U.S. law)? CA
2011 and beyond are going to see new statutes, amendments to current statutes and other stuff. Below are some of the highlights signed by the Governor this year...
Amendment to §3042 of the Family Code:
Summary: Creates a presumption that a child is of sufficient maturity to express a preference or provide input on a child custody or visitation issue at age 14, unless the court finds that testimony is not in the child's best interests and states its reasons on the record. If the court precludes calling the child, requires the court to find alternate means of obtaining information about the child's preferences. Requires the Judicial Council to promulgate a rule of court regarding the examination of a child witness to include guidelines for obtaining information in ways other than direct testimony. Delays implementation of statutory changes until Jan. 1, 2012.
Amendment to §3047 of the Family Code:
Summary: Provides that a party with sole or joint physical custody or visitation who receives temporary dute, deployment, or mobilization orders from the military that require the party to move a substantial distance from his or her residence or otherwise has a material effect on the ability of the party to exercise custody or visitation rights and the court modifies the order as a result, that the modification shall be temporary and subject to review upon return of the party. Provides that there is a presumption at that review that the order return to the prior custody order unless the court determines that it is not in the best interest of the child. Requires the court to consider any appropriate orders to allow for continuing contact while the party is deployed, and allows the court upon request by the relocating party, to order visitation for a stepparent, grandparent or other close relative with a preexisting relationship with the child if the visitation is in the child's best interest, and will facilitate contact with the absent parent. However, provides that these parties do not have increased authority to seek such orders, an that the court must blalce the right of the child to visitation with the relative and the right of the parent to exercise parental authority. Requires the court, when a party's military duty will materially affect the party's ability to appear in court, to expedite proceedings or allow for telephonic appearance if available and consistent with due process.
Amendment of several sections... (i'm too lazy to state them all)
Summary: Modifies definition of reasonable cost for medical support orders consistent with federal law. Creates a rebuttable presumption that the cost of maintaining a supported child in private health insurance is reasonable if the cost does not exceed 5 percent of the gross income of the parent. Provides that if an obligor is entitled to a low-income adjustment, medical support shall be deemed to be not reasonable unless the court determines that not ordering medical support would be unjust and inappropriate in the particular case.
Act to add and repeal §4007.5:
Summary: Provides that, beginning July 1, 2011 until July 1, 2015, the obligation of a person to pay child support pursuant to an order that is being enforced by a local child support agency is suspended for the period of time in which the obligor is incarcerated or involuntarily institutionalized if the period of incarceration is more than 90 days. Creates an exception to this suspension if the incarceration is for domestic violence, an offense against the obligee or supported child, or a result of failure to pay support. Requires the court to notify the parties of this suspension at the time the order is issues. Requires the Judicial Council to adopt the forms necessary to implement these provisions by July 1, 2011. Also provides that, upon the release of the obligor, the obligation to pay child support would immediately resume in the amount specified in the child support order prior to the suspension of that obligation.
Amendment to §4326:
Summary: Extends for three years the provision in existing law that the termination of a child support order shall be considered a change of circumstances allowing the court to consider a request to modify a spousal support order. Requires the motion to modify spousal support be filed within six months of the termination of the child support order. Authorizes either party to request the appointment of a vocational training counselor if such a modification motion is filed. Limits the applicability of this provision to exclude cases that resolve with a marital settlement agreement.
2011 and beyond are going to see new statutes, amendments to current statutes and other stuff. Below are some of the highlights signed by the Governor this year...
Amendment to §3042 of the Family Code:
Summary: Creates a presumption that a child is of sufficient maturity to express a preference or provide input on a child custody or visitation issue at age 14, unless the court finds that testimony is not in the child's best interests and states its reasons on the record. If the court precludes calling the child, requires the court to find alternate means of obtaining information about the child's preferences. Requires the Judicial Council to promulgate a rule of court regarding the examination of a child witness to include guidelines for obtaining information in ways other than direct testimony. Delays implementation of statutory changes until Jan. 1, 2012.
Amendment to §3047 of the Family Code:
Summary: Provides that a party with sole or joint physical custody or visitation who receives temporary dute, deployment, or mobilization orders from the military that require the party to move a substantial distance from his or her residence or otherwise has a material effect on the ability of the party to exercise custody or visitation rights and the court modifies the order as a result, that the modification shall be temporary and subject to review upon return of the party. Provides that there is a presumption at that review that the order return to the prior custody order unless the court determines that it is not in the best interest of the child. Requires the court to consider any appropriate orders to allow for continuing contact while the party is deployed, and allows the court upon request by the relocating party, to order visitation for a stepparent, grandparent or other close relative with a preexisting relationship with the child if the visitation is in the child's best interest, and will facilitate contact with the absent parent. However, provides that these parties do not have increased authority to seek such orders, an that the court must blalce the right of the child to visitation with the relative and the right of the parent to exercise parental authority. Requires the court, when a party's military duty will materially affect the party's ability to appear in court, to expedite proceedings or allow for telephonic appearance if available and consistent with due process.
Amendment of several sections... (i'm too lazy to state them all)
Summary: Modifies definition of reasonable cost for medical support orders consistent with federal law. Creates a rebuttable presumption that the cost of maintaining a supported child in private health insurance is reasonable if the cost does not exceed 5 percent of the gross income of the parent. Provides that if an obligor is entitled to a low-income adjustment, medical support shall be deemed to be not reasonable unless the court determines that not ordering medical support would be unjust and inappropriate in the particular case.
Act to add and repeal §4007.5:
Summary: Provides that, beginning July 1, 2011 until July 1, 2015, the obligation of a person to pay child support pursuant to an order that is being enforced by a local child support agency is suspended for the period of time in which the obligor is incarcerated or involuntarily institutionalized if the period of incarceration is more than 90 days. Creates an exception to this suspension if the incarceration is for domestic violence, an offense against the obligee or supported child, or a result of failure to pay support. Requires the court to notify the parties of this suspension at the time the order is issues. Requires the Judicial Council to adopt the forms necessary to implement these provisions by July 1, 2011. Also provides that, upon the release of the obligor, the obligation to pay child support would immediately resume in the amount specified in the child support order prior to the suspension of that obligation.
Amendment to §4326:
Summary: Extends for three years the provision in existing law that the termination of a child support order shall be considered a change of circumstances allowing the court to consider a request to modify a spousal support order. Requires the motion to modify spousal support be filed within six months of the termination of the child support order. Authorizes either party to request the appointment of a vocational training counselor if such a modification motion is filed. Limits the applicability of this provision to exclude cases that resolve with a marital settlement agreement.
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