- 8 - 71(b).1 The stipulated facts establish that Ronald Murphy was ordered to pay “family support”. Under California law, an order of “family support” is an order that combines child and spousal support. See Cal. Fam. Code secs. 92, 4066 (West 1994).2 Once 1 Sec. 71(b)(1) provides: (b) Alimony Or Separate Maintenance Payments Defined.--For purposes of this section-- (1) In General.--The term "alimony or separate maintenance payment" means any payment in cash if-- (A) such payment is received by (or on behalf of) a spouse under a divorce or separation instrument, (B) the divorce or separation instrument does not designate such payment as a payment which is not includible in gross income under this section and not allowable as a deduction under section 215, (C) in the case of an individual legally separated from his spouse under a decree of divorce or of separate maintenance, the payee spouse and the payor spouse are not members of the same household at the time such payment is made, and (D) there is no liability to make any such payment for any period after the death of the payee spouse and there is no liability to make any payment (in cash or property) as a substitute for such payments after the death of the payee spouse. 2 The California Family Code, enacted in 1992 and operative from Jan. 1, 1994, was derived from the family law provisions of the California Civil Code, Code of Civil Procedure, Evidence Code, and Probate Code. Prior to the enactment of Cal. Fam. Code secs. 92 and 4066, "family support" was made available under Cal. Civ. Code secs. 4811(d) and 4721(p)(West 1983). See In re Marriage of Leathers, 221 Cal. Rptr. 78, 81 (Ct. App. 1985); People v. Dilday, 25 Cal. Rptr. 2d 386, 387 (App. Dept. Super. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011