California Divorce Weblog

DOMESTIC PARTNERSHIP ACT OF 2003

Effective January 1, 2005, adults who are not married are entitled to most of the legal benefits that are afforded married couples. This is the result of the enactment of the Domestic Partnership Act of 2003 by the California Legislature, which can be found the California Family Code, commencing at section 297.

Legislative Intent

As is often the case with California legislation, certain sections of the Act set forth the legislative intention behind the legislation. However, these portions of the Act are uncodified and do not appear in the Family Code. The first section of the Act describes its purposes as: (1) To assure that elderly and homosexual citizens are included in the California Constitution’s guarantee of inalienable rights, liberty, and equality, and (2) to protect elderly and gay Californians from the economic and social consequences of abandonment, separation, the death of loved ones, and other life crises.

The overall purpose of the act is to insure that domestic partners are not treated differently from married couples under California law. To achieve this goal, the act enumerates specific rights that are to be extended to domestic partners. Recognizing that it could not possibly address all potentially affected rights, Section 15 of the Act mandates that it is to be ". . .construed liberally in order to secure to eligible couples who register as domestic partners the full range of legal rights, protections and benefits, as well as all of the responsibilities, obligations, and duties to each other, to their children, to third parties and to the state, as the laws of California extend to and impose upon spouses."

New Family Laws for 2005 (Part 1)

SOCIAL SECURITY NUMBERS IN COURT PAPERS

Added:   Family Code §2024.5

Existing Law:   Social security numbers of persons involved in a dissolution action are to be kept in the confidential portion of court files.

New Law:   Either party to a family law matter can delete his or her social security number from court papers. However, social security numbers cannot be deleted from forms created for the purpose of collecting child support or spousal support.

SEALING OF PLEADINGS CONTAINING FINANCIAL INFORMATION

Added: Family Code §2024.6

Existing Law: The court has the discretion to seal part or all of a court file. For example, the judge can order a child custody evaluation sealed.

New Law: When requested by a spouse, the court "shall" seal any pleading that ". . . lists the parties financial assets and liabilities." This request can be made on an ex parte (emergency) basis by either spouse. Commencing July 1, 2005, the ". . . form used to declare assets and liabilities of the parties. . ." is to be amended so that the party filing the form can indicate if it contains identifying information regarding assets and liabilities listed in the form. If a spouse requesting sealing files a pleading that is not a Judicial Council form, the pleading must state - in capital letters - that it lists and identifies financial information. The term "pleading" includes any ". . . document that sets forth the parties’ assets and liabilities, income and expenses, a marital settlement agreement that lists and identifies the parteis’ assets and liabilities, or any document filed with the court incidental to the declaration or agreement that lists and identifies financial information."

Comment: Three significant points are evident from this new code section:

1. It applies only to actions for dissolution of marriage, legal separation and nullity. Thus, it does not apply to paternity actions, even though parties in those actions have to file income and expense declarations when child support and attorney fee issues are being considered by the court.

2. The court does not appear to have any discretion in deciding how to rule on the request for sealing. The statute says that the court "shall" (i.e., is required to) order the applicable pleadings sealed.

3. Even though not specified, judgments that list assets and liabilities appear to be subject to sealing orders.

DRUG TESTING IN CHILD CUSTODY CASES

Added:  Family Code §3041.5

Existing Law:   The court can consider the habitual or continual illegal use of controlled substances, as defined, or continual use of alcohol by either parent in making a determination of the best interest of a child in child custody proceedings.

New Law:   Any parent who is seeking custody  or visitation with a child who is the subject of the proceeding, can be required to undergo testing for the illegal use of controlled substances and the use of alcohol under specified circumstances. Results of this testing is to  be confidential. The test results cannot be released for any purpose, except to assist the court in determining the best interest of the child and the content of the order determining custody or visitation.  Any breach of the confidentiality of the test results is to be punishable by civil sanctions not to exceed two thousand five hundred dollars ($2,500).

EMPLOYERS PROHIBITED FROM DENYING PROMOTIONS TO EMPLOYEES WHO ARE SUBJECT TO WITHHOLDING FOR CHILD OR SPOUSAL SUPPORT

Amended:  Family Code §5290

Existing Law:   Employers are prohibited from using a child or spousal support wage  assignment order as grounds for refusing to hire a person or for discharging or taking disciplinary action against an employee.

New Law:   Employers are also prohibited from using an assignment order as grounds for denying a promotion to an employee or for taking any other action adversely affecting the terms and conditions of employment of an employee.