CALege

AMENDED IN SENATE MAY 24, 2024

AMENDED IN ASSEMBLY APRIL 2, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

ASSEMBLY BILLNo. 2397

CHAPTER 25

Statutes of 2024

[ Approved by Governor June 26, 2024. Filed with Secretary of State June 26, 2024. ]

Introduced by Assembly Member Maienschein

February 12, 2024

An act to amend Section 3910 of the Family Code, relating to child support.

Vote: majority Appropriation: no Fiscal committee: no Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law continues the parental duty to support an unmarried child who has attained 18 years of age, is a full-time high school student, and who is not self-supporting, until the time the child completes grade 12 or attains 19 years of age, whichever occurs first. Existing law provides that both parents have an equal responsibility to support their child in the manner suitable to the child’s circumstances. Existing law also provides that both parents have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means. Existing law authorizes the establishment of a special needs trust if a court makes specific determinations, including that the minor or person with a disability has a disability that substantially impairs the individual’s ability to provide for their own care.

This bill would authorize a court to order that a support payment be paid to a special needs trust, as specified.

The people of the State of California do enact as follows:

SECTION 1.

Section 3910 of the Family Code is amended to read:

3910.

(a) Each parent of a child has an equal responsibility to maintain, to the extent of their ability, their child of whatever age who is incapacitated from earning a living and without sufficient means.

(b) The court may order that a support payment be paid to a special needs trust. For purposes of this section, “special needs trust” means a trust that meets the requirements described in subparagraph (A) or (C) of paragraph (4) of subsection (d) of Section 1396p of Title 42 of the United States Code and paragraph (3) or (4) of subdivision (a) of Section 50489.9 of Title 22 of the California Code of Regulations.