Every year the California State Legislature enacts laws, many of which go into effect on January 1, 2015. It is important to note changes which could affect your (or a loved one’s) family law case.
The most exciting and wide-spread change for 2015 is the definition of “marriage” and incorporating the holding in Hollingsworth v. Perry, which overturned Proposition 8 (defining marriage as between a man and a woman).
Starting January 1, 2015, all Family Law statutes will change any references to “man and woman” to “two persons” and “husband and wife” to “spouses”. While this may be seen as symbolic, the changes in terminology will have a definitive impact on specific statutes.
One such statute is Family Code, §4323, which currently states, in pertinent part, “Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption…of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex.” This meant that potentially, if one divorced same-sex partner was paying another spousal support, that would not likely change even if the support recipient moved in with a romantic partner, because they are of the same sex. Family Code, §4323, has now changed. Commencing January 1, 2015, the term “person of the opposite sex” will be replaced with “non-marital partner”. This may still create litigation over the definition of “non-marital partner”, but the legislature is making headway for equality between same-sex and opposite-sex dissolutions.
Another change is more technical. A case decided in February of last year required a court order to conduct post-judgment discovery (interrogatories, request for documents, depositions, etc.) in family law cases, just as required in any other civil cases. This was problematic because in family law, there are often changes made after Judgment, called “post-judgment modifications”. This happens any time a parent wants to change custody or child support after a Judgment, or any time former spouses want to change or cease payment of spousal support. Beginning January 1, 2015, Family Code, §218, will get rid of that requirement. Family Code, §218, allows the automatic reopening of discovery as to issues raised in post-judgment pleadings currently before the court. This saves time and legal fees which are no longer needed to go to court only to obtain an order to request information from the other party.
For more information about support and other family law matters, contact the Reape-Rickett Law Firm at 661-288-1000. They are located at 25152 Springfield Court, Suite 100 in Valencia.