- 24 - 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.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011