Michael K. Berry - Page 23

                                       - 23 -                                         
          California legislature created the concept of family support.               
          See Hilton v. McNitt, 315 P.2d 1, 3 (Cal. 1957); see also 1951              
          Cal. Stat. ch. 1700, sec. 7.  Prior to 1951, the then-existing              
          statutory predecessor of Family Code section 4337, former                   
          California Civil Code section 139, was phrased in terms of the              
          husband’s obligation to support the wife.  Taliaferro v.                    
          Taliaferro, 270 P.2d 1036, 1039 (Cal. Dist. Ct. App. 1954); see             
          Cal. Civ. Code sec. 139, as amended by 1933 Cal. Stat. ch. 412,             
          sec. 1.20  The broadening of the statutory language in 1951                 
          simply rendered the obligation of spousal support gender-neutral.           
          See Franklin Life Ins. Co. v. Kitchens, 57 Cal. Rptr. 652, 657              
          (Ct. App. 1967); Newhall v. Newhall, 321 P.2d 818, 822 (Cal.                
          Dist. Ct. App. 1958).                                                       
                    c.   Other Family Code Provisions                                 
               Notwithstanding the foregoing, other provisions of the                 
          Family Code display the intention of the California legislature             
          that family support qualify as deductible alimony under Federal             
          income tax law.  See, e.g., Cal. Fam. Code sec. 4066 (West 2004)            
          (orders complying with the statewide uniform guideline for child            
          support may be phrased in terms of family support “as long as the           
          amount is adjusted to reflect the effect of additional                      




               20 Former Cal. Civ. Code sec. 139 is the immediate statutory           
          predecessor of former Cal. Civ. Code sec. 4801(b), which is the             
          immediate statutory predecessor of Family Code sec. 4337.                   




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