Bill Proposes Banning Spousal Support in Cases Involving Child Sexual Abuse

Posted By Mark Baer, ESQ. || 8-Jul-2013

Currently, there is a loophole in California law that allows individuals to seek spousal support even after they are convicted for sexually abusing their children or their spouses' children. After a CBS2 news story brought light to this issue, a California legislator is now proposing a Bill that aims to close that loophole, CBS recently reported.

CBS2 had previously done a story on a woman whose ex-husband sought spousal support, even though he had been convicted of raping her daughter and had spent more than a year in jail. Despite the legal loophole, the judge handling the case denied the request after having seen the story on television. He referred to the man's claim a waste of time and money, according to the recent CBS article.

Due to how the California law is currently written, courts factor in domestic abuse between spouses when making decisions concerning alimony. The existing laws, however, make no mention of child abuse. AB 681, a Bill that was introduced by Assemblywoman Melissa Melendez, proposes prohibiting spouses from being awarded spousal support if they have been convicted of violent sexual felonies against children (specifically children of the marriage). Assemblywoman Melendez was inspired to create the Bill after learning of the woman's story through the CBS news station.