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In Memory of 09-11-01


Lest We Forget

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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.

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."

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).

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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