Bill would enable military reservists to modify or stay a child support

February 24, 2005

By Senator Denise Moreno Ducheny (View author info)

Senator Denise Moreno Ducheny (D-San Diego) and Senator Bill Morrow (R-Oceanside) introduced SB 1082 which aims to protect the parental rights of deployed military personnel.

This bill would enable military reservists to modify or stay a child support order prior to being deployed for active military service.

"California National Guardsman and Reservists should return home from a tour of duty in Iraq expecting a hero's welcome" said Ducheny. "Some Reservists arrive finding themselves labeled 'deadbeat dads' due to outdated child support laws in California," she added.

Civilians often leave high-paying jobs to serve their country as Reservists and National Guardsmen overseas; they are not given the time to modify their child support orders before they leave. While making only a fraction of their civilian-job salaries as they serve, many are unable to meet the support obligation. In many cases, military members are only given 72 hours to report for duty after they learn they have been called up to serve in the war.

SB 1082 aims to give some relief to these soldiers. This bill would allow military personnel with deployment orders to get a date with the court before deployment or grant a stay of proceedings so military obligations cannot be used to exploit the family situations of activated military personnel switching from civilian to military life.

"Military reservists should have the same opportunity as civilians to modify their child support orders when there is a reduction in wages" said Senator Ducheny.

Senator Morrow said, "Most of them have dramatic declines in income when they are mobilized – for national security reasons – over lengthy periods of time. This bill protects the interests of the children and is fair to these service personnel."

The bill has received tremendous bipartisan support and is co-sponsored by at least 25 members in the legislature. Senator Roy Ashburn (R-Bakersfield) is a principal co-author to the bill.

Senator Denise Moreno Ducheny represents parts of San Diego and Riverside Counties and all of Imperial County. Senator Bill Morrow represents parts of Northern San Diego County including Camp Pendleton and parts of South Orange County.