- 21 - 3. Family Support Under California Law a. Statutory Overview The California Family Code (Family Code) defines “family support” as “an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support.” Cal. Fam. Code sec. 92 (West 2004). As discussed supra pp. 11-12, the term entered the statutory lexicon in 1981 as the result of an attempt by the California legislature to reconcile principles of California child support law with Federal income tax law regarding the deductibility of payments to an ex-spouse. While portions of the Family Code are devoted exclusively to the well-established components of family support, see Cal. Fam. Code secs. 3900–4253, 4300–4360 (West 2004) (child support and spousal support, respectively), the Family Code contains no comprehensive set of rules relating to the newfangled amalgam. In particular, the Family Code does not specifically address the effect of the payee’s death on a family support obligation. b. Family Code Section 4337 Petitioner argues that Family Code section 4337, which generally operates to terminate spousal support upon the death of the payee spouse, is broad enough to include family support.18 18 In Wells v. Commissioner, T.C. Memo. 1998-2, we (continued...)Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011