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death of either party or remarriage of the supported party. Cal.
Fam. Code sec. 4337 (1994). In this case, the Superior Court's
temporary order did not incorporate any agreement between the
parties that would operate to set aside the otherwise applicable
statutory provisions regarding the termination of the obligation
of support. A single monthly payment for family support was
ordered, and the court proposed to divide that amount into child
support and alimony if the parties wished. No such division was
requested of or directly ordered by the court.
California law, generally, establishes a duty for parents
to support their children. The remedy for willful failure to
provide for the children is not automatic or specifically
prescribed in the statutes. Instead, an action must be brought
to enforce the parent’s duty to support a child. See Cal. Fam.
Code secs. 3900, 4000 (1994). Once ordered by a court, child
support survives the death of the payee custodial parent and
continues as an obligation of the payor noncustodial parent. In
re Marriage of McCann, 32 Cal. Rptr. 2d 639 (Ct. App. 1994); In
re Marriage of Gregory, 281 Cal. Rptr. 188 (Ct. App. 1991). Even
if the noncustodial parent assumes custody at the time of the
custodial parent’s death, the support order is not automatically
terminated. In re Marriage of McCann, supra at 641. The
noncustodial parent is required to seek modification of the child
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