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 Family Laws 2005

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SELECTED NEW LAWS FOR 2005 - FAMILY LAW

Social Security Numbers:  (Family Code §2024.5)

        Family Code §2024.5 provides in pertinent part that either party to a family law case  can delete his or her social security number from all court documents. However, social security numbers cannot be deleted from Family Law Forms created for the purpose of collecting child support or spousal support. The reason for this is simple. The Court needs the numbers to find and collect money from the obligor parent.

Three Prong Indy

Sealing of Financial Pleadings:  (Family Code §2024.6)

        Family Code §2024.6 provides in pertinent part that "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 parties’ assets and liabilities, or any document filed with the court incidental to the declaration or agreement that lists and identifies financial information."

Three Prong Indy

  Use of Drug Testing in Custody Disputes: (Family Code §3041.5)

        Family Code §3041.5 provides in pertinent part that 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).

Three Prong Indy

  Restrictions on Denying Promotions to Employees Subject to Withholding Order: (Family Code §5290)

        Family Code §5290 provides in pertinent part that employers are  prohibited from using a wage 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.

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