- 12 - 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 App. 1985) (unpublished).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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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