Amended IN Assembly April 25, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2780Introduced by Assembly Member BloomFebruary 16, 2018 An act to amend Sections 3111 4058 and 4331 of, and to add Section 4100 to, the Family Code, relating to family law. LEGISLATIVE COUNSEL'S DIGESTAB 2780, as amended, Bloom. Family law: support orders and child custody. orders.(1)Existing law authorizes the court to appoint a child custody evaluator to conduct a child custody evaluation in a contested proceeding involving child custody or visitation rights.This bill would authorize a court to appoint a child custody evaluator, a mediator, or an expert witness, as the court deems appropriate, to conduct the child custody evaluation.(2)(1) Existing law authorizes the court, in a proceeding for dissolution of marriage or for legal separation of the parties, to order a party to submit to an examination by a vocational training counselor to assess the partys ability to obtain certain employment, as specified. Existing law requires a vocational training counselor performing these examinations to possess specific educational and professional experiences, including, among other qualifications, a masters degree in the behavioral sciences.This bill would modify the required qualification to serve as a vocational training counselor by allowing, in the alternative to the masters degree, a vocational training counselor to possess another postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation.(3)(2) Existing law requires a court, in a proceeding for court-ordered child support, to follow the statewide uniform guidelines guideline to determine the amount of child support to order, unless special circumstances exist. Existing law also requires a court to adhere to certain principles in these proceedings, including, among others, that each parent should pay for the support of the children according to his or her ability. Existing law defines the annual gross income of the parent for purposes of the statewide uniform guideline, and authorizes the court, in its discretion, to consider the earning capacity of a parent in lieu of the parents income, consistent with the best interests of the children.This bill would require the court, if it considers the earning capacity of the parent as described above, to take into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.This bill would authorize the court, in a proceeding involving child support, except if a parent is receiving need-based public assistance, and if the court determines that doing so is in the best interest of the child or children, as specified, to order a party to submit to an examination by a vocational training counselor pursuant to conditions and procedures similar to ordering vocational training a party to submit to an examination by a vocational training counselor in a proceeding for dissolution of marriage or for legal separation of the parties. The bill would authorize a the court to impose the enumerated sanctions for failure to submit to an ordered examination, provided the sanction is in the best interest of the child or children.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 3111 of the Family Code is amended to read:3111.(a)In a contested proceeding involving child custody or visitation rights, the court may appoint a child custody evaluator, a mediator pursuant to Article 3 (commencing with Section 3175) of Chapter 11, or an expert witness pursuant to Section 730 of the Evidence Code, as the court deems appropriate, to conduct a child custody evaluation when the court determines it is in the best interests of the child. The child custody evaluation shall be conducted in accordance with the standards adopted by the Judicial Council pursuant to Section 3117, and all other standards adopted by the Judicial Council regarding child custody evaluations. If directed by the court, the court-appointed child custody evaluator shall file a written confidential report on his or her evaluation. At least 10 days before a hearing regarding custody of the child, the report shall be filed with the clerk of the court in which the custody hearing will be conducted and served on the parties or their attorneys, and any other counsel appointed for the child pursuant to Section 3150. A child custody evaluation, investigation, or assessment, and a resulting report, may be considered by the court only if it is conducted in accordance with the requirements set forth in the standards adopted by the Judicial Council pursuant to Section 3117. This does not preclude the consideration of a child custody evaluation report that contains nonsubstantive or inconsequential errors or both.(b)The report shall not be made available other than as provided in subdivision (a) or Section 3025.5, or as described in Section 204 of the Welfare and Institutions Code or Section 1514.5 of the Probate Code. Any information obtained from access to a juvenile case file, as defined in subdivision (e) of Section 827 of the Welfare and Institutions Code, is confidential and shall only be disseminated as provided by paragraph (4) of subdivision (a) of Section 827 of the Welfare and Institutions Code.(c)The report may be received in evidence on stipulation of all interested parties and is competent evidence as to all matters contained in the report.(d)If the court determines that an unwarranted disclosure of a written confidential report has been made, the court may impose a monetary sanction against the disclosing party. The sanction shall be in an amount sufficient to deter repetition of the conduct, and may include reasonable attorneys fees, costs incurred, or both, unless the court finds that the disclosing party acted with substantial justification or that other circumstances make the imposition of the sanction unjust. The court shall not impose a sanction pursuant to this subdivision that imposes an unreasonable financial burden on the party against whom the sanction is imposed.(e)The Judicial Council shall, by January 1, 2010, do the following:(1)Adopt a form to be served with every child custody evaluation report that informs the report recipient of the confidentiality of the report and the potential consequences for the unwarranted disclosure of the report.(2)Adopt a rule of court to require that, when a court-ordered child custody evaluation report is served on the parties, the form specified in paragraph (1) shall be included with the report.(f)For purposes of this section, a disclosure is unwarranted if it is done either recklessly or maliciously, and is not in the best interests of the child.SECTION 1. Section 4058 of the Family Code is amended to read:4058. (a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited to, the following:(1) Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article.(2) Income from the proprietorship of a business, such as gross receipts from the business reduced by expenditures required for the operation of the business.(3) In the discretion of the court, employee benefits or self-employment benefits, taking into consideration the benefit to the employee, any corresponding reduction in living expenses, and other relevant facts.(b) The court may, in its discretion, consider the earning capacity of a parent in lieu of the parents income, consistent with the best interests of the children. children, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.(c) Annual gross income does not include any income derived from child support payments actually received, and income derived from any public assistance program, eligibility for which is based on a determination of need. Child support received by a party for children from another relationship shall not be included as part of that partys gross or net income.SEC. 2. Section 4100 is added to the Family Code, to read:4100. (a) In a proceeding involving child support, except a proceeding in which a parent is receiving need-based public assistance, the court may may, if the court determines that doing so is in the best interest of the child or children, taking into consideration their overall welfare, their developmental needs, and the time the party who may be subject to an order under this section spends with the child or children, order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the partys ability to obtain employment based upon the partys age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the partys ability to obtain employment consistent with their ability to earn.(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom the examination is to be made.(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure, provided that the sanction is in the best interest of the child or children.(d) Vocational training counselor, has the same meaning and qualifications as specified in subdivisions (d) and (e) of Section 4331.SEC. 3. Section 4331 of the Family Code is amended to read:4331. (a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the partys ability to obtain employment based upon the partys age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the partys ability to obtain employment that would allow the party to maintain herself or himself at the marital standard of living.(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made.(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.(d) Vocational training counselor for the purpose of this section means an individual with sufficient knowledge, skill, experience, training, or education in interviewing, administering, and interpreting tests for analysis of marketable skills, formulating career goals, planning courses of training and study, and assessing the job market, to qualify as an expert in vocational training under Section 720 of the Evidence Code.(e) A vocational training counselor shall have at least the following qualifications:(1) A masters degree in the behavioral sciences, or other postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation.(2) Qualification to administer and interpret inventories for assessing career potential.(3) Demonstrated ability in interviewing clients and assessing marketable skills with an understanding of age constraints, physical and mental health, previous education and experience, and time and geographic mobility constraints.(4) Knowledge of current employment conditions, job market, and wages in the indicated geographic area.(5) Knowledge of education and training programs in the area with costs and time plans for these programs.(f) The court may order the supporting spouse to pay, in addition to spousal support, the necessary expenses and costs of the counseling, retraining, or education.
Amended IN Assembly April 25, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2780Introduced by Assembly Member BloomFebruary 16, 2018 An act to amend Sections 3111 4058 and 4331 of, and to add Section 4100 to, the Family Code, relating to family law. LEGISLATIVE COUNSEL'S DIGESTAB 2780, as amended, Bloom. Family law: support orders and child custody. orders.(1)Existing law authorizes the court to appoint a child custody evaluator to conduct a child custody evaluation in a contested proceeding involving child custody or visitation rights.This bill would authorize a court to appoint a child custody evaluator, a mediator, or an expert witness, as the court deems appropriate, to conduct the child custody evaluation.(2)(1) Existing law authorizes the court, in a proceeding for dissolution of marriage or for legal separation of the parties, to order a party to submit to an examination by a vocational training counselor to assess the partys ability to obtain certain employment, as specified. Existing law requires a vocational training counselor performing these examinations to possess specific educational and professional experiences, including, among other qualifications, a masters degree in the behavioral sciences.This bill would modify the required qualification to serve as a vocational training counselor by allowing, in the alternative to the masters degree, a vocational training counselor to possess another postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation.(3)(2) Existing law requires a court, in a proceeding for court-ordered child support, to follow the statewide uniform guidelines guideline to determine the amount of child support to order, unless special circumstances exist. Existing law also requires a court to adhere to certain principles in these proceedings, including, among others, that each parent should pay for the support of the children according to his or her ability. Existing law defines the annual gross income of the parent for purposes of the statewide uniform guideline, and authorizes the court, in its discretion, to consider the earning capacity of a parent in lieu of the parents income, consistent with the best interests of the children.This bill would require the court, if it considers the earning capacity of the parent as described above, to take into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.This bill would authorize the court, in a proceeding involving child support, except if a parent is receiving need-based public assistance, and if the court determines that doing so is in the best interest of the child or children, as specified, to order a party to submit to an examination by a vocational training counselor pursuant to conditions and procedures similar to ordering vocational training a party to submit to an examination by a vocational training counselor in a proceeding for dissolution of marriage or for legal separation of the parties. The bill would authorize a the court to impose the enumerated sanctions for failure to submit to an ordered examination, provided the sanction is in the best interest of the child or children.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly April 25, 2018
Amended IN Assembly April 25, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2780
Introduced by Assembly Member BloomFebruary 16, 2018
Introduced by Assembly Member Bloom
February 16, 2018
An act to amend Sections 3111 4058 and 4331 of, and to add Section 4100 to, the Family Code, relating to family law.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2780, as amended, Bloom. Family law: support orders and child custody. orders.
(1)Existing law authorizes the court to appoint a child custody evaluator to conduct a child custody evaluation in a contested proceeding involving child custody or visitation rights.This bill would authorize a court to appoint a child custody evaluator, a mediator, or an expert witness, as the court deems appropriate, to conduct the child custody evaluation.(2)(1) Existing law authorizes the court, in a proceeding for dissolution of marriage or for legal separation of the parties, to order a party to submit to an examination by a vocational training counselor to assess the partys ability to obtain certain employment, as specified. Existing law requires a vocational training counselor performing these examinations to possess specific educational and professional experiences, including, among other qualifications, a masters degree in the behavioral sciences.This bill would modify the required qualification to serve as a vocational training counselor by allowing, in the alternative to the masters degree, a vocational training counselor to possess another postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation.(3)(2) Existing law requires a court, in a proceeding for court-ordered child support, to follow the statewide uniform guidelines guideline to determine the amount of child support to order, unless special circumstances exist. Existing law also requires a court to adhere to certain principles in these proceedings, including, among others, that each parent should pay for the support of the children according to his or her ability. Existing law defines the annual gross income of the parent for purposes of the statewide uniform guideline, and authorizes the court, in its discretion, to consider the earning capacity of a parent in lieu of the parents income, consistent with the best interests of the children.This bill would require the court, if it considers the earning capacity of the parent as described above, to take into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.This bill would authorize the court, in a proceeding involving child support, except if a parent is receiving need-based public assistance, and if the court determines that doing so is in the best interest of the child or children, as specified, to order a party to submit to an examination by a vocational training counselor pursuant to conditions and procedures similar to ordering vocational training a party to submit to an examination by a vocational training counselor in a proceeding for dissolution of marriage or for legal separation of the parties. The bill would authorize a the court to impose the enumerated sanctions for failure to submit to an ordered examination, provided the sanction is in the best interest of the child or children.
(1)Existing law authorizes the court to appoint a child custody evaluator to conduct a child custody evaluation in a contested proceeding involving child custody or visitation rights.
This bill would authorize a court to appoint a child custody evaluator, a mediator, or an expert witness, as the court deems appropriate, to conduct the child custody evaluation.
(2)
(1) Existing law authorizes the court, in a proceeding for dissolution of marriage or for legal separation of the parties, to order a party to submit to an examination by a vocational training counselor to assess the partys ability to obtain certain employment, as specified. Existing law requires a vocational training counselor performing these examinations to possess specific educational and professional experiences, including, among other qualifications, a masters degree in the behavioral sciences.
This bill would modify the required qualification to serve as a vocational training counselor by allowing, in the alternative to the masters degree, a vocational training counselor to possess another postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation.
(3)
(2) Existing law requires a court, in a proceeding for court-ordered child support, to follow the statewide uniform guidelines guideline to determine the amount of child support to order, unless special circumstances exist. Existing law also requires a court to adhere to certain principles in these proceedings, including, among others, that each parent should pay for the support of the children according to his or her ability. Existing law defines the annual gross income of the parent for purposes of the statewide uniform guideline, and authorizes the court, in its discretion, to consider the earning capacity of a parent in lieu of the parents income, consistent with the best interests of the children.
This bill would require the court, if it considers the earning capacity of the parent as described above, to take into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.
This bill would authorize the court, in a proceeding involving child support, except if a parent is receiving need-based public assistance, and if the court determines that doing so is in the best interest of the child or children, as specified, to order a party to submit to an examination by a vocational training counselor pursuant to conditions and procedures similar to ordering vocational training a party to submit to an examination by a vocational training counselor in a proceeding for dissolution of marriage or for legal separation of the parties. The bill would authorize a the court to impose the enumerated sanctions for failure to submit to an ordered examination, provided the sanction is in the best interest of the child or children.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Section 3111 of the Family Code is amended to read:3111.(a)In a contested proceeding involving child custody or visitation rights, the court may appoint a child custody evaluator, a mediator pursuant to Article 3 (commencing with Section 3175) of Chapter 11, or an expert witness pursuant to Section 730 of the Evidence Code, as the court deems appropriate, to conduct a child custody evaluation when the court determines it is in the best interests of the child. The child custody evaluation shall be conducted in accordance with the standards adopted by the Judicial Council pursuant to Section 3117, and all other standards adopted by the Judicial Council regarding child custody evaluations. If directed by the court, the court-appointed child custody evaluator shall file a written confidential report on his or her evaluation. At least 10 days before a hearing regarding custody of the child, the report shall be filed with the clerk of the court in which the custody hearing will be conducted and served on the parties or their attorneys, and any other counsel appointed for the child pursuant to Section 3150. A child custody evaluation, investigation, or assessment, and a resulting report, may be considered by the court only if it is conducted in accordance with the requirements set forth in the standards adopted by the Judicial Council pursuant to Section 3117. This does not preclude the consideration of a child custody evaluation report that contains nonsubstantive or inconsequential errors or both.(b)The report shall not be made available other than as provided in subdivision (a) or Section 3025.5, or as described in Section 204 of the Welfare and Institutions Code or Section 1514.5 of the Probate Code. Any information obtained from access to a juvenile case file, as defined in subdivision (e) of Section 827 of the Welfare and Institutions Code, is confidential and shall only be disseminated as provided by paragraph (4) of subdivision (a) of Section 827 of the Welfare and Institutions Code.(c)The report may be received in evidence on stipulation of all interested parties and is competent evidence as to all matters contained in the report.(d)If the court determines that an unwarranted disclosure of a written confidential report has been made, the court may impose a monetary sanction against the disclosing party. The sanction shall be in an amount sufficient to deter repetition of the conduct, and may include reasonable attorneys fees, costs incurred, or both, unless the court finds that the disclosing party acted with substantial justification or that other circumstances make the imposition of the sanction unjust. The court shall not impose a sanction pursuant to this subdivision that imposes an unreasonable financial burden on the party against whom the sanction is imposed.(e)The Judicial Council shall, by January 1, 2010, do the following:(1)Adopt a form to be served with every child custody evaluation report that informs the report recipient of the confidentiality of the report and the potential consequences for the unwarranted disclosure of the report.(2)Adopt a rule of court to require that, when a court-ordered child custody evaluation report is served on the parties, the form specified in paragraph (1) shall be included with the report.(f)For purposes of this section, a disclosure is unwarranted if it is done either recklessly or maliciously, and is not in the best interests of the child.SECTION 1. Section 4058 of the Family Code is amended to read:4058. (a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited to, the following:(1) Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article.(2) Income from the proprietorship of a business, such as gross receipts from the business reduced by expenditures required for the operation of the business.(3) In the discretion of the court, employee benefits or self-employment benefits, taking into consideration the benefit to the employee, any corresponding reduction in living expenses, and other relevant facts.(b) The court may, in its discretion, consider the earning capacity of a parent in lieu of the parents income, consistent with the best interests of the children. children, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.(c) Annual gross income does not include any income derived from child support payments actually received, and income derived from any public assistance program, eligibility for which is based on a determination of need. Child support received by a party for children from another relationship shall not be included as part of that partys gross or net income.SEC. 2. Section 4100 is added to the Family Code, to read:4100. (a) In a proceeding involving child support, except a proceeding in which a parent is receiving need-based public assistance, the court may may, if the court determines that doing so is in the best interest of the child or children, taking into consideration their overall welfare, their developmental needs, and the time the party who may be subject to an order under this section spends with the child or children, order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the partys ability to obtain employment based upon the partys age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the partys ability to obtain employment consistent with their ability to earn.(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom the examination is to be made.(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure, provided that the sanction is in the best interest of the child or children.(d) Vocational training counselor, has the same meaning and qualifications as specified in subdivisions (d) and (e) of Section 4331.SEC. 3. Section 4331 of the Family Code is amended to read:4331. (a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the partys ability to obtain employment based upon the partys age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the partys ability to obtain employment that would allow the party to maintain herself or himself at the marital standard of living.(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made.(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.(d) Vocational training counselor for the purpose of this section means an individual with sufficient knowledge, skill, experience, training, or education in interviewing, administering, and interpreting tests for analysis of marketable skills, formulating career goals, planning courses of training and study, and assessing the job market, to qualify as an expert in vocational training under Section 720 of the Evidence Code.(e) A vocational training counselor shall have at least the following qualifications:(1) A masters degree in the behavioral sciences, or other postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation.(2) Qualification to administer and interpret inventories for assessing career potential.(3) Demonstrated ability in interviewing clients and assessing marketable skills with an understanding of age constraints, physical and mental health, previous education and experience, and time and geographic mobility constraints.(4) Knowledge of current employment conditions, job market, and wages in the indicated geographic area.(5) Knowledge of education and training programs in the area with costs and time plans for these programs.(f) The court may order the supporting spouse to pay, in addition to spousal support, the necessary expenses and costs of the counseling, retraining, or education.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
(a)In a contested proceeding involving child custody or visitation rights, the court may appoint a child custody evaluator, a mediator pursuant to Article 3 (commencing with Section 3175) of Chapter 11, or an expert witness pursuant to Section 730 of the Evidence Code, as the court deems appropriate, to conduct a child custody evaluation when the court determines it is in the best interests of the child. The child custody evaluation shall be conducted in accordance with the standards adopted by the Judicial Council pursuant to Section 3117, and all other standards adopted by the Judicial Council regarding child custody evaluations. If directed by the court, the court-appointed child custody evaluator shall file a written confidential report on his or her evaluation. At least 10 days before a hearing regarding custody of the child, the report shall be filed with the clerk of the court in which the custody hearing will be conducted and served on the parties or their attorneys, and any other counsel appointed for the child pursuant to Section 3150. A child custody evaluation, investigation, or assessment, and a resulting report, may be considered by the court only if it is conducted in accordance with the requirements set forth in the standards adopted by the Judicial Council pursuant to Section 3117. This does not preclude the consideration of a child custody evaluation report that contains nonsubstantive or inconsequential errors or both.
(b)The report shall not be made available other than as provided in subdivision (a) or Section 3025.5, or as described in Section 204 of the Welfare and Institutions Code or Section 1514.5 of the Probate Code. Any information obtained from access to a juvenile case file, as defined in subdivision (e) of Section 827 of the Welfare and Institutions Code, is confidential and shall only be disseminated as provided by paragraph (4) of subdivision (a) of Section 827 of the Welfare and Institutions Code.
(c)The report may be received in evidence on stipulation of all interested parties and is competent evidence as to all matters contained in the report.
(d)If the court determines that an unwarranted disclosure of a written confidential report has been made, the court may impose a monetary sanction against the disclosing party. The sanction shall be in an amount sufficient to deter repetition of the conduct, and may include reasonable attorneys fees, costs incurred, or both, unless the court finds that the disclosing party acted with substantial justification or that other circumstances make the imposition of the sanction unjust. The court shall not impose a sanction pursuant to this subdivision that imposes an unreasonable financial burden on the party against whom the sanction is imposed.
(e)The Judicial Council shall, by January 1, 2010, do the following:
(1)Adopt a form to be served with every child custody evaluation report that informs the report recipient of the confidentiality of the report and the potential consequences for the unwarranted disclosure of the report.
(2)Adopt a rule of court to require that, when a court-ordered child custody evaluation report is served on the parties, the form specified in paragraph (1) shall be included with the report.
(f)For purposes of this section, a disclosure is unwarranted if it is done either recklessly or maliciously, and is not in the best interests of the child.
SECTION 1. Section 4058 of the Family Code is amended to read:4058. (a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited to, the following:(1) Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article.(2) Income from the proprietorship of a business, such as gross receipts from the business reduced by expenditures required for the operation of the business.(3) In the discretion of the court, employee benefits or self-employment benefits, taking into consideration the benefit to the employee, any corresponding reduction in living expenses, and other relevant facts.(b) The court may, in its discretion, consider the earning capacity of a parent in lieu of the parents income, consistent with the best interests of the children. children, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.(c) Annual gross income does not include any income derived from child support payments actually received, and income derived from any public assistance program, eligibility for which is based on a determination of need. Child support received by a party for children from another relationship shall not be included as part of that partys gross or net income.
SECTION 1. Section 4058 of the Family Code is amended to read:
### SECTION 1.
4058. (a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited to, the following:(1) Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article.(2) Income from the proprietorship of a business, such as gross receipts from the business reduced by expenditures required for the operation of the business.(3) In the discretion of the court, employee benefits or self-employment benefits, taking into consideration the benefit to the employee, any corresponding reduction in living expenses, and other relevant facts.(b) The court may, in its discretion, consider the earning capacity of a parent in lieu of the parents income, consistent with the best interests of the children. children, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.(c) Annual gross income does not include any income derived from child support payments actually received, and income derived from any public assistance program, eligibility for which is based on a determination of need. Child support received by a party for children from another relationship shall not be included as part of that partys gross or net income.
4058. (a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited to, the following:(1) Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article.(2) Income from the proprietorship of a business, such as gross receipts from the business reduced by expenditures required for the operation of the business.(3) In the discretion of the court, employee benefits or self-employment benefits, taking into consideration the benefit to the employee, any corresponding reduction in living expenses, and other relevant facts.(b) The court may, in its discretion, consider the earning capacity of a parent in lieu of the parents income, consistent with the best interests of the children. children, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.(c) Annual gross income does not include any income derived from child support payments actually received, and income derived from any public assistance program, eligibility for which is based on a determination of need. Child support received by a party for children from another relationship shall not be included as part of that partys gross or net income.
4058. (a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited to, the following:(1) Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article.(2) Income from the proprietorship of a business, such as gross receipts from the business reduced by expenditures required for the operation of the business.(3) In the discretion of the court, employee benefits or self-employment benefits, taking into consideration the benefit to the employee, any corresponding reduction in living expenses, and other relevant facts.(b) The court may, in its discretion, consider the earning capacity of a parent in lieu of the parents income, consistent with the best interests of the children. children, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.(c) Annual gross income does not include any income derived from child support payments actually received, and income derived from any public assistance program, eligibility for which is based on a determination of need. Child support received by a party for children from another relationship shall not be included as part of that partys gross or net income.
4058. (a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited to, the following:
(1) Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article.
(2) Income from the proprietorship of a business, such as gross receipts from the business reduced by expenditures required for the operation of the business.
(3) In the discretion of the court, employee benefits or self-employment benefits, taking into consideration the benefit to the employee, any corresponding reduction in living expenses, and other relevant facts.
(b) The court may, in its discretion, consider the earning capacity of a parent in lieu of the parents income, consistent with the best interests of the children. children, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.
(c) Annual gross income does not include any income derived from child support payments actually received, and income derived from any public assistance program, eligibility for which is based on a determination of need. Child support received by a party for children from another relationship shall not be included as part of that partys gross or net income.
SEC. 2. Section 4100 is added to the Family Code, to read:4100. (a) In a proceeding involving child support, except a proceeding in which a parent is receiving need-based public assistance, the court may may, if the court determines that doing so is in the best interest of the child or children, taking into consideration their overall welfare, their developmental needs, and the time the party who may be subject to an order under this section spends with the child or children, order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the partys ability to obtain employment based upon the partys age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the partys ability to obtain employment consistent with their ability to earn.(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom the examination is to be made.(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure, provided that the sanction is in the best interest of the child or children.(d) Vocational training counselor, has the same meaning and qualifications as specified in subdivisions (d) and (e) of Section 4331.
SEC. 2. Section 4100 is added to the Family Code, to read:
### SEC. 2.
4100. (a) In a proceeding involving child support, except a proceeding in which a parent is receiving need-based public assistance, the court may may, if the court determines that doing so is in the best interest of the child or children, taking into consideration their overall welfare, their developmental needs, and the time the party who may be subject to an order under this section spends with the child or children, order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the partys ability to obtain employment based upon the partys age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the partys ability to obtain employment consistent with their ability to earn.(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom the examination is to be made.(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure, provided that the sanction is in the best interest of the child or children.(d) Vocational training counselor, has the same meaning and qualifications as specified in subdivisions (d) and (e) of Section 4331.
4100. (a) In a proceeding involving child support, except a proceeding in which a parent is receiving need-based public assistance, the court may may, if the court determines that doing so is in the best interest of the child or children, taking into consideration their overall welfare, their developmental needs, and the time the party who may be subject to an order under this section spends with the child or children, order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the partys ability to obtain employment based upon the partys age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the partys ability to obtain employment consistent with their ability to earn.(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom the examination is to be made.(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure, provided that the sanction is in the best interest of the child or children.(d) Vocational training counselor, has the same meaning and qualifications as specified in subdivisions (d) and (e) of Section 4331.
4100. (a) In a proceeding involving child support, except a proceeding in which a parent is receiving need-based public assistance, the court may may, if the court determines that doing so is in the best interest of the child or children, taking into consideration their overall welfare, their developmental needs, and the time the party who may be subject to an order under this section spends with the child or children, order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the partys ability to obtain employment based upon the partys age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the partys ability to obtain employment consistent with their ability to earn.(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom the examination is to be made.(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure, provided that the sanction is in the best interest of the child or children.(d) Vocational training counselor, has the same meaning and qualifications as specified in subdivisions (d) and (e) of Section 4331.
4100. (a) In a proceeding involving child support, except a proceeding in which a parent is receiving need-based public assistance, the court may may, if the court determines that doing so is in the best interest of the child or children, taking into consideration their overall welfare, their developmental needs, and the time the party who may be subject to an order under this section spends with the child or children, order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the partys ability to obtain employment based upon the partys age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the partys ability to obtain employment consistent with their ability to earn.
(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom the examination is to be made.
(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure, provided that the sanction is in the best interest of the child or children.
(d) Vocational training counselor, has the same meaning and qualifications as specified in subdivisions (d) and (e) of Section 4331.
SEC. 3. Section 4331 of the Family Code is amended to read:4331. (a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the partys ability to obtain employment based upon the partys age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the partys ability to obtain employment that would allow the party to maintain herself or himself at the marital standard of living.(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made.(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.(d) Vocational training counselor for the purpose of this section means an individual with sufficient knowledge, skill, experience, training, or education in interviewing, administering, and interpreting tests for analysis of marketable skills, formulating career goals, planning courses of training and study, and assessing the job market, to qualify as an expert in vocational training under Section 720 of the Evidence Code.(e) A vocational training counselor shall have at least the following qualifications:(1) A masters degree in the behavioral sciences, or other postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation.(2) Qualification to administer and interpret inventories for assessing career potential.(3) Demonstrated ability in interviewing clients and assessing marketable skills with an understanding of age constraints, physical and mental health, previous education and experience, and time and geographic mobility constraints.(4) Knowledge of current employment conditions, job market, and wages in the indicated geographic area.(5) Knowledge of education and training programs in the area with costs and time plans for these programs.(f) The court may order the supporting spouse to pay, in addition to spousal support, the necessary expenses and costs of the counseling, retraining, or education.
SEC. 3. Section 4331 of the Family Code is amended to read:
### SEC. 3.
4331. (a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the partys ability to obtain employment based upon the partys age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the partys ability to obtain employment that would allow the party to maintain herself or himself at the marital standard of living.(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made.(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.(d) Vocational training counselor for the purpose of this section means an individual with sufficient knowledge, skill, experience, training, or education in interviewing, administering, and interpreting tests for analysis of marketable skills, formulating career goals, planning courses of training and study, and assessing the job market, to qualify as an expert in vocational training under Section 720 of the Evidence Code.(e) A vocational training counselor shall have at least the following qualifications:(1) A masters degree in the behavioral sciences, or other postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation.(2) Qualification to administer and interpret inventories for assessing career potential.(3) Demonstrated ability in interviewing clients and assessing marketable skills with an understanding of age constraints, physical and mental health, previous education and experience, and time and geographic mobility constraints.(4) Knowledge of current employment conditions, job market, and wages in the indicated geographic area.(5) Knowledge of education and training programs in the area with costs and time plans for these programs.(f) The court may order the supporting spouse to pay, in addition to spousal support, the necessary expenses and costs of the counseling, retraining, or education.
4331. (a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the partys ability to obtain employment based upon the partys age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the partys ability to obtain employment that would allow the party to maintain herself or himself at the marital standard of living.(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made.(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.(d) Vocational training counselor for the purpose of this section means an individual with sufficient knowledge, skill, experience, training, or education in interviewing, administering, and interpreting tests for analysis of marketable skills, formulating career goals, planning courses of training and study, and assessing the job market, to qualify as an expert in vocational training under Section 720 of the Evidence Code.(e) A vocational training counselor shall have at least the following qualifications:(1) A masters degree in the behavioral sciences, or other postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation.(2) Qualification to administer and interpret inventories for assessing career potential.(3) Demonstrated ability in interviewing clients and assessing marketable skills with an understanding of age constraints, physical and mental health, previous education and experience, and time and geographic mobility constraints.(4) Knowledge of current employment conditions, job market, and wages in the indicated geographic area.(5) Knowledge of education and training programs in the area with costs and time plans for these programs.(f) The court may order the supporting spouse to pay, in addition to spousal support, the necessary expenses and costs of the counseling, retraining, or education.
4331. (a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the partys ability to obtain employment based upon the partys age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the partys ability to obtain employment that would allow the party to maintain herself or himself at the marital standard of living.(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made.(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.(d) Vocational training counselor for the purpose of this section means an individual with sufficient knowledge, skill, experience, training, or education in interviewing, administering, and interpreting tests for analysis of marketable skills, formulating career goals, planning courses of training and study, and assessing the job market, to qualify as an expert in vocational training under Section 720 of the Evidence Code.(e) A vocational training counselor shall have at least the following qualifications:(1) A masters degree in the behavioral sciences, or other postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation.(2) Qualification to administer and interpret inventories for assessing career potential.(3) Demonstrated ability in interviewing clients and assessing marketable skills with an understanding of age constraints, physical and mental health, previous education and experience, and time and geographic mobility constraints.(4) Knowledge of current employment conditions, job market, and wages in the indicated geographic area.(5) Knowledge of education and training programs in the area with costs and time plans for these programs.(f) The court may order the supporting spouse to pay, in addition to spousal support, the necessary expenses and costs of the counseling, retraining, or education.
4331. (a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the partys ability to obtain employment based upon the partys age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the partys ability to obtain employment that would allow the party to maintain herself or himself at the marital standard of living.
(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made.
(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.
(d) Vocational training counselor for the purpose of this section means an individual with sufficient knowledge, skill, experience, training, or education in interviewing, administering, and interpreting tests for analysis of marketable skills, formulating career goals, planning courses of training and study, and assessing the job market, to qualify as an expert in vocational training under Section 720 of the Evidence Code.
(e) A vocational training counselor shall have at least the following qualifications:
(1) A masters degree in the behavioral sciences, or other postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation.
(2) Qualification to administer and interpret inventories for assessing career potential.
(3) Demonstrated ability in interviewing clients and assessing marketable skills with an understanding of age constraints, physical and mental health, previous education and experience, and time and geographic mobility constraints.
(4) Knowledge of current employment conditions, job market, and wages in the indicated geographic area.
(5) Knowledge of education and training programs in the area with costs and time plans for these programs.
(f) The court may order the supporting spouse to pay, in addition to spousal support, the necessary expenses and costs of the counseling, retraining, or education.