BILL NUMBER: SB 28	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 18, 2015
	PASSED THE ASSEMBLY  JULY 16, 2015
	AMENDED IN SENATE  MAY 13, 2015

INTRODUCED BY   Senator Wieckowski

                        DECEMBER 1, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 28, Wieckowski. Spousal support factors: domestic 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.


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, 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.