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Family Law AdvisorŪ
Articles

Summary of
1997 California and Federal Statutes
Affecting the Practice
of Family Law

Compiled By

GLEN L. RABENN
Attorney at Law
Certified Family Law Specialist,
The State Bar of California Board of Legal Specialization
3020 Old Ranch Parkway, Suite 300
Seal Beach, CA 90740
(714) 761-1492 / (562) 799-5564
grabenn@earthlink.net
http://www.divorcenet.com/ca/rabenn.html

Important Note:
The following is a summary of state and federal legislation affecting the practice of family law in California. It is intended as general information and should not be considered legal advice. The author does not represent that this summary is an all-inclusive listing of all statutes that pertain to or impact upon family law. To obtain more detailed information you should directly contact a qualified attorney in your geographic area. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

TABLE OF CONTENTS

CHILD CUSTODY

Child's Counsel - Preparation of Written Statement of Issues and Contentions
Custody Orders in Domestic Violence Cases Where Parentage Has Not Been Determined; Uniform Parentage Act
Custody of Child Conceived as the Result of Rape
Uniform Standards of Practice for Providers of Supervised Visitation

CHILD SUPPORT

EXPEDITED CHILD SUPPORT ORDERS
Impermissible Denial of Health Insurance Coverage
Notice of Commencement of Health Insurance Coverage
Notice of Health Insurance Coverage Assignment in Lieu of Health Insurance Coverage Assignment Order
Modification of Child Support Orders

ENFORCEMENT OF SUPPORT ORDERS

Uniform Interstate Family Support Act
Child Support Where Parent Is a Sex Offender or Child Was Conceived as the Result of Rape
Child Support Obligor and Obligee to Provide Current Information to Each Other, Court and Child Support Registry
Child Support Payable to Child Support Centralized Collection and Distribution Unit
Notice by District Attorney to Support Obligor Directing Payment to the District Attorney
Substitution of Payee
Enforcement of Support Orders Without Prior Court Approval
Definition of "Earnings" for Purposes of Earnings Assignment Order
Inclusion of Earnings Assignment Order in Support Order
Earnings Assignment Orders of Another State
Service of Statement of Rights of Support Obligor
Duties of Employer
Intercounty Support Obligations
Liens, Recordation and Priorities in Satisfaction of Support Judgments
Withholding of Recreational Licenses
Financial Institution Match System

PATERNITY

Order for Genetic Testing
Information to Be Given to Non-marital Parents
Rescission of Voluntary Declaration of Paternity

PROCEDURE

Bifurcation of Status; Preliminary Declaration of Disclosure
Filing Fees

RESTRAINING AND PROTECTIVE ORDERS; DOMESTIC VIOLENCE

Issuance of ex Parte Order Restraining Stalking
Service of Restraining and Protective Orders; Contemporaneous Orders; Immunity from Civil Liabiity

DISCOVERY

Subpoenaing of Consumer Personal Records and Employment Records
Rough Drafts of Deposition Transcripts
Copies of Depositions Transcripts Provided to Parties
Copies of Deposition Transcripts to Non-parties

EVIDENCE

Mediation

MISCELLANEOUS CALIFORNIA STATUTES

Family Law Trust Fund

TAXES

Capital Gains Taxes on Sale of Family Residence
I.r.a. for Child's Post-secondary Education

CHILD CUSTODY
CHILD'S COUNSEL - PREPARATION OF WRITTEN STATEMENT OF ISSUES AND CONTENTIONS 
 
AMENDED: Family Code §3151
ADDED: Family Code §3151.5
EXISTING: The court can appoint a private counsel to represent a child in a proceeding in which custody or visitation are at issue. Such appointment is made if the court finds it to be in the child's best interests. 
NEW: The court can order appointed counsel to prepare a written statement of issues and contentions setting forth the facts that bear on the best interests of the child. The statement must include a summary of information received by appointed counsel, a list of sources of information, the results of the counsel's investigation and other specific information requested by the court. Any such statement must be filed and submitted to the other parties or their attorneys not less than ten days before the hearing. Appointed counsel's statement must be considered when the court is determining a child custody/visitation issue. The Judicial Council has been authorized to promulgate standards for the preparation of the statement and to create a model statement, instructions regarding how to subpoena a witness, and an blank subpoena form. The statute specifies eight categories of appointed counsel's rights, including reasonable access to the child and the right to request an order for psychological or physical examination of the child. 

HISTORY OF CHILD ABUSE, DOMESTIC VIOLENCE, OR SUBSTANCE ABUSE  
 
AMENDED: Family Code §§3004, 3011, 3020, 3040, 3161, 3162
EXISTING: It is the policy of the state to encourage frequent and continuing contact between parents and children and to encourage the sharing of parental rights and responsibilities after a dissolution of marriage or the parents' separation. Various factors are to be considered in the determination of what is in the child's best interests. 
NEW: The state's policy has been revised to provide that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child. Where this policy conflicts with the policies referenced above, any orders are to be made in a manner that ensures the health, safety, and welfare of the child and all family members (Family Code §3020). If custody is granted to a parent who is alleged to have a history of committing child or domestic abuse or habitually using alcohol or illegal drugs, any court orders must specify the court's reasons and shall set forth the time, day, place and manner of transfer of the child..(FC§3011) 
COMMENT: The court is required to make the specified order for the exchange of the child if there are "allegations" of alcohol or drug use. The court does not have to find that the allegations are true. 

CUSTODY ORDERS IN DOMESTIC VIOLENCE CASES WHERE PARENTAGE HAS NOT BEEN DETERMINED; UNIFORM PARENTAGE ACT.   
 
AMENDED: Family Code §§3021, 6323
ADDED: Family Code §6346
EXISTING: A nonparent party may not seek a determination of custody or visitation rights in a Domestic Violence Prevention Act proceeding. However, the term "nonparent" does not include an alleged or presumed parent, foster parent, or stepparent. The district attorney is authorized to recover child support. 
NEW: A party who has not established a parent/child relationship, under Family Code §6323(B), may not request custody or visitation in a Domestic Violence action. But, a party who has initiated an action under the Uniform Parentage Act (Family Code §7600, et. seq.) can request custody/visitation after notice and a hearing. 
COMMENT: This legislation eliminates the power of the court, in a Domestic Violence action, to make any custody/visitation orders, unless the requesting parent has established paternity under Family Code §6323(B). It also prevents a party to a U.P.A. case from obtaining an ex parte custody/visitation order. Henceforth, a parent requesting custody in a non-marital situation will have to file a paternity action if he/she wants custody/visitation orders. 

CUSTODY OF CHILD CONCEIVED AS THE RESULT OF RAPE 
 
ADDED: Family Code §3030(b) 
EXISTING: A registered sex offender cannot be awarded custody or unmonitored visitation with a minor child. 
NEW: A person who has been convicted of rape cannot be granted custody or visitation of a child who was conceived as the result of the rape. The court is not to disclose the residence or business address of the custodial parent or the child's school, unless the court finds that such disclosure is in the child's best interests. 

UNIFORM STANDARDS OF PRACTICE FOR PROVIDERS OF SUPERVISED VISITATION 
 
NEW: California Rules of Court §26.2. 
EXISTING: There are no uniform rules regulating the activities of visitation monitors. Family Code §3200 requires the Judicial Council to develop standards for supervised visitation providers. 
NEW: The new rule establishes qualifications for three classifications of visitation monitors: nonprofessional, professional, and therapeutic. The nonprofessional monitor (unless otherwise agreed by the parties and the professional monitor should: 
     
  1. Be 21 years of age or older; 
  2. Have no conviction for driving under the influence (DUI) within the last 5 years; 
  3. Not have been on probation or parole for the last 10 years; 
  4. Have no record of a conviction for child molestation, child abuse, or other crimes against a person; 
  5. Have proof of automobile insurance if transporting the child; 
  6. Have no civil, criminal, or juvenile restraining orders within the last 10 years; 
  7. Have no current or past court order in which the provider is the person being supervised; 
  8. Be able to speak the language of the party being supervised and of the child, or provide a neutral interpreter over the age of 18; 
  9. Have no conflict of interest.
Professional and therapeutic monitors are to have training in specified areas, including child abuse reporting laws, record-keeping, termination of visitation and developmental needs of children. 

Professional and therapeutic monitors are required to do the following: 

     
  1. Establish security procedures; 
  2. Conduct a comprehensive intake and screening to assess the nature and degree of risk for each case. 
  3. Obtain copies of all applicable orders and records. 
  4. Establish written procedures to follow in the event a child is abducted during supervised visitation; and 
  5. Suspend or terminate supervised visitation if the risk factors present are placing in jeopardy the safety and welfare of the child or provider.
The legislation sets forth the factors that should be considered by a professional provider in determining the appropriate ratio mediators to children. A monitor should maintain a neutral role by refusing to discuss the merits of the case, or agree with or support one party over another. The professional and therapeutic provider should keep a record for each case Communications between parties and providers of supervised visitation are not protected by any privilege of confidentiality. The psychotherapist-patient privilege does not apply during therapeutic supervision. 

It is the monitors' sole responsibility to enforce of all the terms and conditions of any supervised visitation is the provider's. Special precautions are required to be followed In cases where there are allegations of sexual abuse. 
To Table of Contents

CHILD SUPPORT

EXPEDITED CHILD SUPPORT ORDERS  
 
AMENDED: Family Code §3622
EXISTING: A court is to make an expedited child support order if specified information is filed, including the minimum amount the obligated parent is required to pay pursuant to the statewide uniform guideline for support. (Family Code §4055) 
NEW: The application is to set forth the Family Code §4055 level of support or the minimum basic standards of adequate care for Region 1, as specified in Welfare & Institutions Code §11452, 11452.018. 

IMPERMISSIBLE DENIAL OF HEALTH INSURANCE COVERAGE 
 
AMENDED: Family Code §3751.5
ADDED: Family Code §3751.5(c), (f) 
EXISTING: Employers and health insurance providers are prohibited from denying coverage to minor children of a covered parent. 
NEW: Where there is an order providing for health insurance coverage for a child, the employer or insurer are required to provide information necessary to enroll the child, enable the noncovered parent to file claims and make payment of claims to the noncovered parent. 

NOTICE OF COMMENCEMENT OF HEALTH INSURANCE COVERAGE  
 
AMENDED: Family Code §3767(a) 
EXISTING: The employer or other person providing health insurance is required to notify the applicant for a wage assignment order of the commencement date of coverage of the child. 
NEW: The employer or other person must also provide such notification to the applicant for a notice of assignment. 

NOTICE OF HEALTH INSURANCE COVERAGE ASSIGNMENT IN LIEU OF HEALTH INSURANCE COVERAGE ASSIGNMENT ORDER 
 
ADDED: Family Code §3773
EXISTING: The court can issue a health insurance assignment order by which a minor child will be covered under a parent's health insurance plan. 
NEW: In welfare cases in where support enforcement services are being provided by the district attorney, the district attorney can serve on the employer a "notice of health insurance coverage assignment" in lieu of the health insurance coverage assignment order. 

MODIFICATION OF CHILD SUPPORT ORDERS 
 
AMENDED: Family Code §3651
EXISTING: When a supplemental complaint is filed pursuant to Family Code §2330.1 [complaint for paternity or child support re other children of the parties to a dissolution or legal separation] any existing child support order may be modified to include the children referenced in the supplemental complaint. 
NEW: Any such modification of child support may be modified in conformity with the statewide uniform guideline for child support. 
To Table of Contents

ENFORCEMENT OF SUPPORT ORDERS

UNIFORM INTERSTATE FAMILY SUPPORT ACT 
 
ADDED: Family Code §§4900 - 4976 [Family Code §§4800 - 4854 repealed] 
EXISTING: The Uniform Reciprocal Enforcement of Support Act [URESA] provides a mechanism by which states are to recognize and enforce the support orders of other states' courts. 
NEW: URESA has been replaced, in its entirety, by the Uniform Interstate Family Support Act [UIFSA]. In much the same way as the UCCJA in child custody, the UIFSA is designed to establish a uniform set of rules to determine which state has jurisdiction to make or modify support orders. 

A point-by-point comparison of the two acts is beyond the scope of this article. What follows are highlights of the new act. 

Jurisdiction: The UIFSA specifies eight circumstances were a court can exercise personal jurisdiction over a nonresident individual. These include the presence of the person in the state and engaging in sexual intercourse that may have resulted in the conception of the child. 

Support Action Filed in Another State: The UISFSA sets forth rules that are to be used to determine if a tribunal of this state may exercise jurisdiction where there is action pending in another state. As with the UCCJA, the state that is the "home state" (defined as 6 months residence of the child) can exercise jurisdiction, but only "if relevant." [FC 4908] 

Continuing Exclusive Jurisdiction: A court of this state has continuing exclusive jurisdiction as long as the obligor, obligee or the child reside within the state. [FC4909] 

Priority of Tribunal Orders: If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child controls and shall be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and shall be so recognized.[FC 4911] 

Initiating and Responding Tribunals: An "initiating tribunal" can send a support petition to a responding tribunal which has jurisdiction over the support obligor. The responding tribunal can treat the order as if it were one of its own. [FC4919] 

Attorney General: If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may order the agency to perform its duties under this chapter or may provide those services directly to the individual. [Family Code §4922] 

Assistance with Discovery: A tribunal of this state may do both of the following: (1) Request a tribunal of another state to assist in obtaining discovery; (2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state [Family Code §4932]. 

Interstate Transmittal of Income Withholding Order: The employer shall treat an income-withholding order issued in another state, which appears regular on its face, as if it had been issued by a tribunal of this state.[FC 4940]

CHILD SUPPORT WHERE PARENT IS A SEX OFFENDER OR CHILD WAS CONCEIVED AS THE RESULT OF RAPE 
 
ADDED: Family Code §3030(c) 
EXISTING: There is no specific provision for the payment of child support by a registered sex offender or the father of a child conceived as the result of rape. 
NEW: The court may order child support that is to be paid by such persons to be paid through the district attorney's office

CHILD SUPPORT OBLIGOR AND OBLIGEE TO PROVIDE CURRENT INFORMATION TO EACH OTHER, COURT AND CHILD SUPPORT REGISTRY 
 
ADDED: Family Code §4014(b) 
EXISTING: All child support orders must include an order requiring a parent to notify the other parent or, the district attorney in Title IV-D cases, of the name and address of his/her employer. 
NEW: Where required by federal law, the child support order is to include the following regarding each party: 
     
  1. Residential and mailing address 
  2. Social security number 
  3. Telephone number 
  4. Driver's license number 
  5. Name, address, and telephone number of the employer 
  6. Any other information prescribed by the Judicial Council

CHILD SUPPORT PAYABLE TO CHILD SUPPORT CENTRALIZED COLLECTION AND DISTRIBUTION UNIT 
 
AMENDED: Family Code §§4200, 4201
EXISTING: All child support ordered for children who are receiving welfare must be paid to the district attorney. 
NEW: All such child support payments are to be paid to the Child Support Centralized Collection and Distribution Unit [ "C.S.C.C.D.U."], when it is implemented. In non-welfare cases, the court has the discretion to order payments be made to the C.S.C.C.D.U. 
CROSS-REFERENCE: W&I Code §11475.4

NOTICE BY DISTRICT ATTORNEY TO SUPPORT OBLIGOR DIRECTING PAYMENT TO THE DISTRICT ATTORNEY 
 
ADDED: Family Code §4204
EXISTING: The district attorney is to collect child support in welfare cases. Obligees of child support can have child support collected by the district attorney. 
NEW: Without having to obtain a court order, the district attorney may issue a notice directing that the payments shall be made to the district attorney, another county office, or the Child Support Centralized Collection Distribution Unit . 

SUBSTITUTION OF PAYEE 
 
AMENDED: Family Code §§4506.2, 4506.3 
EXISTING: In welfare cases, the district attorney can file and record a substitution of payee. 
NEW: The district attorney is not required to obtain prior court approval or a clerk's certification when filing and recording a substitution of payee under this section. The Judicial Council is to develop a single form, which conforms with the requirements of Section 27361.6 of the Government Code, for the substitution of payee and for notice directing payment of support to the district attorney. 

ENFORCEMENT OF SUPPORT ORDERS WITHOUT PRIOR COURT APPROVAL 
 
AMENDED: Family Code §§5100, 5101; Code of Civil Procedure §706.030
EXISTING: A child, family or spousal support order may be enforced by a writ of execution. 
NEW: A child, family or spousal support order may also be enforced by a writ of execution or a notice of levy pursuant to Section 706.030 of the Code of Civil Procedure or Section 11350.7 of the Welfare and Institutions Code without prior court approval as long as the support order remains enforceable. The new legislation specifies the manner of service and the obligor's right to obtain an administrative review and a judicial hearing. 

DEFINITION OF "EARNINGS" FOR PURPOSES OF EARNINGS ASSIGNMENT ORDER  
 
AMENDED: Family Code §5206
EXISTING: Chapter 8, of Part 3, of Division 8 of the Family Code provides for "earnings assignment orders." Various forms of income are included within the definition of "earnings." 
NEW: Interest and disability benefits are now included within the definition of earnings. 

INCLUSION OF EARNINGS ASSIGNMENT ORDER IN SUPPORT ORDER  
 
AMENDED: Family Code §5230
EXISTING: A support obligee or custodial parent receiving welfare, can request the court to issue an earnings assignment order for support. 
NEW: All support orders are required to include an earnings assignment order for support that orders the employer of the obligor to pay to the obligee that portion of the obligor's earnings due or to become due in the future as will be sufficient to pay an amount to cover both of the following: (a) The amount ordered by the court for support; (b) An amount which shall be ordered by the court to be paid toward the liquidation of any arrearage. 

EARNINGS ASSIGNMENT ORDERS OF ANOTHER STATE  
 
ADDED: Family Code §§ 4940, 5230.1
EXISTING: An involved procedure exists for the enforcement of support orders of other states. 
NEW: An earnings assignment or income withholding order for support issued by a court or administrative agency of another state is binding upon an employer of the obligor to the same extent as an earnings assignment order made by a court of this state. It is not necessary to file a petition or comparable pleading or registration with the local superior court. 

WAGE ASSIGNMENTS ON SUPPORT ORDERS MADE BEFORE JULY 1, 1990  
 
AMENDED: Family Code §5230
EXISTING: The above statute, in part, provides as follows: "Upon the filing and service of a notice of motion or order to show cause with the supporting application, an obligee or custodial parent receiving services under Title IV-D of the Social Security Act may request the court to issue an earnings assignment order for support to enforce a support order made or modified before July 1, 1990, including any arrearages, or to modify the support order." 
NEW: This language has been deleted from the statute. 

SERVICE OF STATEMENT OF RIGHTS OF SUPPORT OBLIGOR  
 
AMENDED: Family Code §§5232, 5234
EXISTING: A wage assignment order can be served by mail on the obligor's employer. The employer is required to give the obligor a copy of the order and "a written statement of the obligor's rights under the law to move to quash the assignment order." 
NEW: Within 10 days after service of the order, the employer has to give the obligor a written statement of the obligor's rights under the law to seek to quash, modify, or stay service of the earnings assignment order. The employer is also required to give the employee/obligor a blank form that can be filed with the court to request a hearing to quash, modify, or stay service of the earnings assignment order with instructions on how to file the form and obtain a hearing date. The Judicial Council is required to develop forms for such notice by July 1, 1998. 

PRIORITIES WHERE ORDER INCLUDES BOTH CURRENT SUPPORT AND ARREARAGES  
 
AMENDED: Family Code §5238
EXISTING: Where an assignment order or assignment orders include both current support and payments towards the liquidation of arrearages, priority is first to be given to current child support, then current spousal support, and then to the liquidation of child and then spousal support arrearages. 
NEW: Where there are multiple assignment orders for the same employee, the employer is to prorate the withheld payments as follows: 
  1. If there is more than one assignment for support, the employer is to add together the amount of support due for each assignment. 
  2. If 50 percent of the obligor's net disposable earnings are not sufficient to pay in full all of the assignments for support, the employer must prorate it first among all of the current support assignments in the same proportion that each assignment bears to the total current support owed. 
  3. The employer then must apply any remainder to the assignments for arrearage support in the same proportion that each assignment bears to the total arrearage owed. 

DUTIES OF EMPLOYER  
 
REPEALED: Family Code §5283
EXISTING: The employer of a support obligor is required to provide relevant employment and income information, including information on earnings, as specified, that the employer has in its possession, to the district attorney for the purpose of establishing, modifying, or enforcing the support obligation. 
NEW: This section has been repealed. 

INTERCOUNTY SUPPORT OBLIGATIONS  
 
ADDED: Family Code § §§5600-5604
EXISTING: There are no specific provisions for the intercounty registration and enforcement of support obligations
NEW: The support obligee or the district attorney may record another county's support order to be registration. A procedure is provided by which the obligor can move to vacate registration. 

LIENS, RECORDATION AND PRIORITIES IN SATISFACTION OF SUPPORT JUDGMENTS 
 
AMENDED: Code of Civil Procedure §§689.030, 697.320, 695.221
EXISTING: The district attorney can initiate a levy to collect a support judgment. A judgment lien can be recorded on the title to real property. Priorities are established for satisfying support judgments. 
NEW: The district attorney will be able to obtain a levy on property pursuant to a notice of levy. An interstate lien can be recorded on the title to real property. A new order of priority will apply, contingent upon whether the federal government permits the states to adopt uniform laws regarding the order of satisfaction of support judgments. 

WITHHOLDING OF RECREATIONAL LICENSES  
 
AMENDED: Welfare & Inst. Code §11350.6
EXISTING: Various licenses can be withheld from a person who is delinquent in the payment of support. These include licenses to practice law, medicine and drivers licenses. 
NEW: The list of licenses has been expanded to include recreational licenses, to the extent that they are required by federal law or regulations. 

FINANCIAL INSTITUTION MATCH SYSTEM  
 
ADDED:  Revenue & Taxation Code §19721.6
EXISTING: There is no specific provision or system to obtain information regarding the extent to which defaulting support payers have funds deposited in financial institutions. 
NEW: A sophisticated system has been established by which financial institutions will be required to inform the Franchise Tax Board of any funds held in the name of delinquent payers of support. This information is to be provided without notice to the depositor. 
To Table of Contents

PATERNITY

ORDER FOR GENETIC TESTING 
 
AMENDED: Family Code §§7551-7552, 7555. 
EXISTING: The court can order a party to submit to blood testing to determine paternity. 
NEW: The term "genetic tests" is now applied to paternity testing. It is defined as referring to ". . . any genetic test that is generally acknowledged as reliable by accreditation bodies designated by the United States Secretary of Health and Human Services." 

ADMINISTRATIVE ORDER FOR GENETIC TESTS ISSUED BY DISTRICT ATTORNEY 
 
ADDED: Family Code §7558
EXISTING: The court can order a party to submit to blood testing to determine paternity. 
NEW: Where the district attorney is enforcing a support order pursuant to W&I §11475.1, the district attorney can issue an administrative order requiring the mother, child and alleged father to submit to genetic testing. Either party can file a motion objecting to the administrative order. 

INFORMATION TO BE GIVEN TO NON-MARITAL PARENTS  
 
AMENDED: Family Code §7572
EXISTING: Non-marital parents are to be given written materials informing them of their rights and obligations as parents. 
NEW: Parents are also to be given "oral notice" of their rights and responsibilities. 

RESCISSION OF VOLUNTARY DECLARATION OF PATERNITY  
 
AMENDED: Family Code §7575
EXISTING: Provision is made for a parent, who has previously signed a voluntary declaration of paternity (Family Code §7574) to rescind the declaration or file a motion for rescission. The rescission must include a declaration under penalty of perjury that a copy of the rescission was hand delivered or mailed to the other parent. 
NEW: The copy of the notice of rescission must be sent by any form of mail requiring a return receipt. A copy of the return receipt is to be attached to the rescission form when it is filed with the State Office Vital Records. 
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PROCEDURE

BIFURCATION OF STATUS; PRELIMINARY DECLARATION OF DISCLOSURE 
 
AMENDED: Family Code §2337
EXISTING: Upon the noticed motion of a party, a court can sever and grant an early and separate trial on the issue of the termination of the marital status. 
NEW: The moving party must serve his/her preliminary declaration of disclosure on the other party with the motion, unless it has already been served. However, the parties can stipulate in writing that the "service" of the preliminary declaration of disclosure is to be deferred until a later time. 
COMMENT: The statute incorrectly provides that the parties may agree to a deferral of the "filing" of the preliminary declaration of disclosure. Family Code §2104(a) provides that the parties are to serve their respective declarations of disclosure on each other within 60 days of the service of the petition. The declarations are to be filed only if specifically ordered by the court. (Family Code §2014(b)). 

FILING FEES 
 
AMENDED: Government Code §26820.4
EXISTING: Superior courts charge $182 to file petitions and the first pleading of any party. 
NEW: The total fee for filing of the first paper in a civil action or proceeding in the superior court, except an adoption proceeding, will be one hundred eighty-five dollars ($185). 
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RESTRAINING AND PROTECTIVE ORDERS ; DOMESTIC VIOLENCE

ISSUANCE OF EX PARTE ORDER RESTRAINING STALKING 
 
ADDED: Family Code §6274
EXISTING: A person who has suffered harassment can obtain a temporary restraining order preventing such conduct. 
NEW: A judicial officer can issue an ex parte order where a peace officer asserts reasonable grounds to believe that a person is stalking another person. 

SERVICE OF RESTRAINING AND PROTECTIVE ORDERS; CONTEMPORANEOUS ORDERS; IMMUNITY FROM CIVIL LIABIITY 
 
AMENDED: Family Code §§6383, 6384
EXISTING: A law enforcement officer can serve a temporary restraining order or emergency protective order on the respondent. 
NEW: A peace officer who makes an arrest pursuant to such an order will not be liable for civil damages if the police officer reasonably believes the respondent violated the order. If there is more than one civil order regarding the same parties, the peace officer is to enforce the order which was issued last. If the person to be restrained is properly served with the temporary restraining order and notice of hearing, but does not appear at the hearing, service of the order after hearing by mail is valid, as long as the order is the same as the temporary restraining order. 
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DISCOVERY

SUBPOENAING OF CONSUMER PERSONAL RECORDS AND EMPLOYMENT RECORDS 
 
AMENDED: Code of Civil Procedure §§1985.3, 1985.6
EXISTING: Special rules exist for the subpoenaing of the personal records of a consumer and employment records. Notice of a motion to quash the subpoena must be served on the witness before the date when the records are to be produced. 
NEW: The notice of motion is also to be served on the "deposition officer", who is to either be a registered photocopying service or any one of various persons who are not require to be registered. This includes attorneys and their staff, custodians of record and court reporters. 

ROUGH DRAFTS OF DEPOSITION TRANSCRIPTS 
 
AMENDED: Code of Civil Procedure§§273, 2025(q) 
EXISTING: The certified transcript of a deposition is presumed to be correct. 
NEW: The rough draft of a transcript cannot be certified or in any way used to rebut the contents of the certified transcript. 

COPIES OF DEPOSITIONS TRANSCRIPTS PROVIDED TO PARTIES 
 
AMENDED: Code of Civil Procedure §2025(p) 
EXISTING: General provisions are made regarding the transcription of depositions. 
NEW: If a party requests an original or copy of the deposition transcript and the transcript will be available to that party before it will be available to any other party, the deposition officer is to notify all other parties of the request so that all parties will be able to receive the transcript simultaneously. 

COPIES OF DEPOSITION TRANSCRIPTS TO NON-PARTIES 
 
ADDED: Code of Civil Procedure §2025.5
EXISTING: There are no provisions governing the release of copies of deposition transcripts to non-parties
NEW: Unless the court issues an order to the contrary, the court reporter can release a copy of a deposition transcript to a non-party. However, the court reporter must notify the parties and the deponent of the name and address of the person requesting the transcript. That notice must also inform the recipient of his/her right to obtain a protective order from the court. If a protective order is not served on the court reporter within 30 days of the mailing of the notice, the court reporter is to make the copy available to the person requesting it
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EVIDENCE

MEDIATION 
 
ADDED: Evidence Code §§1115 - 1128 [Division 9, Chapter 2] 
EXISTING: Evidence Code §1152 provides that offers of compromise are not admissible. 
NEW: With certain exceptions, the following are not admissible nor subject to discovery or disclosure: 
     
  1. All statements and admissions made in mediation. 
  2. Any documents prepared for the purpose of mediation. 
  3. Any report prepared by a mediator.
The parties can agree, either in writing or orally, to the disclosure of communications made in mediation. 

A written settlement agreement prepared in mediation is admissible if it is signed by the parties and any of the following conditions are satisfied: 

     
  1. The agreement provides that it is admissible or subject to disclosure. 
  2. The agreement provides that it is enforceable. 
  3. All parties to the agreement expressly agree to its disclosure; 
  4. The agreement is used to show fraud, duress, or illegality that is relevant to an issue in dispute.
The provisions of this chapter do not apply to court-assisted child custody mediation under Family Code §§1800, et.seq, and 3160, et. seq. 
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MISCELLANEOUS CALIFORNIA STATUTES

FAMILY LAW TRUST FUND 
 
AMENDED: Family Code §1852
EXISTING: The Judicial Council is to administer a program of grants to public and private agencies doing research into specified areas of family law. Private donations are to be deposited into the General Fund. 
NEW: All such donations are to be deposited in the newly-created "Family Law Trust Fund. 
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TAXES

CAPITAL GAINS TAXES ON SALE OF FAMILY RESIDENCE 
 
REPEALED: I.R.C.§1034
AMENDED: I.R.C.§121
EXISTING: A taxpayer can defer the capital gains tax on the gain from the sale of his/her principal place of residence, if the sale proceeds are reinvested into another, more expensive, residence, within two years of the sale. Persons 55 years and older could exercise a one-time exclusion of the gain from the sale of a residence. 
NEW: Taxpayers can exclude the capital gains tax on the gain, without having to reinvest the sale proceeds. Single taxpayers can exclude up to $250,000 of gain. Married people can exclude up to $500,000 of the gain. In order to qualify for the exclusion, the residence has to have been the taxpayer's principal place of residence for at least two of the five years before the sale. In the case of married people, if one of the spouses has been excluded from the residence by a court order, that spouse can claim the exclusion. The exclusion can be claimed only one time every two years. These provisions apply to any sale occurring on or after May 7, 1997. 

I.R.A. FOR CHILD'S POST-SECONDARY EDUCATION  
 
ADDED: Taxpayer Relief Act of 1997
EXISTING: Savings for college are not tax deductible. 
NEW: Tax payers can contribute up to $500 per year, per child, to an I.R.A. account that is maintained for the child's college education. The deduction is available to single tax payers who earn not more than $95,000 and joint tax payers who have combined incomes of not more than $150,000.
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- - Glen L. Rabenn, Certified Family Law Specialist

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