Michael K. Berry - Page 24

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          deductibility”).21  Accordingly, one could argue that the Family            
          Code should be interpreted consistently with that intent whenever           
          (as is the case with Family Code section 4337) such an                      
          interpretation would not do violence to the plain language of the           
          statute.  Cf. Cal. Fam. Code sec. 4075 (West 2004) (provisions              
          regarding the statewide uniform guideline for child support                 
          “shall not be construed to affect the treatment of spousal                  
          support and separate maintenance payments pursuant to Section 71            
          of the Internal Revenue Code of 1954”).  Because, as discussed              
          infra, we conclude that petitioner’s family support payments                
          qualify as deductible alimony without regard to Family Code                 
          section 4337, we need not decide whether a California court would           
          adopt that interpretive approach.                                           
                    d.  Caselaw                                                       
               Neither party cites, nor are we aware of, any California               
          cases addressing the issue of whether, absent an agreement of the           
          parties or a directive in the divorce decree, an obligation to              
          pay family support terminates upon the death of the payee spouse.           
          Petitioner draws support from Danz v. Danz, 216 P.2d 162 (Cal.              
          Dist. Ct. App. 1950), and Hale v. Hale, 45 P.2d 246 (Cal. Dist.             
          Ct. App. 1935), cases in which the court limited enforcement of             
          an unallocated support award to amounts that had accrued prior to           
          the payee spouse’s remarriage.  While those cases are somewhat              


               21 California enacted its statewide uniform guideline for              
          child support in 1993.  See 1993 Cal. Stat. ch. 219, sec. 138.              




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