Michael K. Berry - Page 12

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          In re Marriage of Leathers, 221 Cal. Rptr. 78, 81 (Ct. App. 1985)           
          (unpublished).                                                              
               As it turned out, the practice of disguising child support             
          as alimony for tax purposes conflicted with California law                  
          requiring adequate child support awards.  Id.; see In re Marriage           
          of Ames, 130 Cal. Rptr. 435 (Ct. App. 1976).  As the court in In            
          re Marriage of Leathers, supra at 81, continued:                            
               Not surprisingly, the twain of good tax breaks and good                
               domestic relations law did not meet for long.  In In re                
               Marriage of Ames [citation omitted], the Court of                      
               Appeal for the Second District held that an inadequate                 
               child support award could not be justified or sustained                
               by reference to a spousal support award allegedly                      
               inflated to take advantage of federal tax laws on the                  
               theory that the total income to the custodial spouse is                
               adequate for both the wife and the children.  [Fn. ref.                
               omitted.] * * *                                                        
                    Ames’ affirmation of the need for an adequate,                    
               separate child support award was incompatible with the                 
               “Lester” taxing scheme. * * *                                          
                                                                                     
               The California legislature responded in 1981 by creating the           
          concept of family support, which represents combined, but                   
          unallocated, child support and spousal support.  See 1981 Cal.              
          Stat. ch. 715, sec. 4 (adding former Cal. Civil Code sec.                   
          4811(d)).  The new California statutory provision effectively               
          skirted the holding of In re Marriage of Ames, supra, by                    
          providing that a court need not make a separate order for child             
          support when the parties use the family support technique.10                


               10 That aspect of the 1981 legislation now appears in sec.             
          3586 of the California Family Code.                                         




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