Michael K. Berry - Page 21

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                    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...)           




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