NEW DEVELOPMENTS IN FAMILY LAW

NEW DEVELOPMENTS IN FAMILY LAW :

CHILD CUSTODY - Preferences of Child

AB 1050 - Legislation requires a family court, as of January 1, 2012, to permit a child who is 14 years of age or older to address the court regarding custody or visitation, unless the court determines that doing so is not in the child's best interests. The legislation, AB 1050, amends Family Code Section 3042. Under Family Code Section 3042 the court had discretion to give weight to a child's wishes in a custody proceeding if the child was of sufficient age and capacity to form an intelligent preference about the custody.

CHILD CUSTODY - Child Support/Health Insurance

SB 580 now provides that health insurance coverage will be rebuttably presumed to be reasonable in cost if the cost to the parent providing medical support does not exceed 5 percent of his or her gross income. Prior to SB 580, when a court made an order for child support, it was required to order either or both of the parties to provide health insurance coverage for the minor child if the insurance was "reasonable." The health insurance was presumed reasonable if it was available through employment or other group health insurance. Under SB 580, reasonable is not defined as cost not exceeding 5 percent of the parties gross income.

SPOUSAL SUPPORT MODIFICATION

SB 1482 (Stats 2010, ch 297)

Legislation extends until January 1, 2014, Family Code Section 4326, which provides that a termination of child support under Family Code Section 3901(a) constitutes a change in circumstances that may be the basis for a request to modify spousal support, and imposes a 6-month period for a modifcation Motion after the child support terminates. Under SB 1482 any request for modification of spousal support upon the termination of child support must be made within 6 - months of the termination of the child support.

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