Michael K. Berry - Page 25

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          analogous to this case, we think a more instructive case is In re           
          Marriage of Benjamins, 31 Cal. Rptr. 2d 313 (Ct. App. 1994).                
          That case involved a payor spouse’s obligation under a marital              
          settlement agreement (the terms of which were incorporated in the           
          divorce decree) to pay the payee spouse, on or before September             
          1, 1991, an amount equal to her medical insurance premium for the           
          1-year period commencing on that date.  Although the payee spouse           
          died in April 1991, her daughter, as successor in interest,                 
          demanded payment of the premium amount ($13,140) under threat of            
          legal action.  The payor spouse paid the premium amount and then            
          petitioned the court for reimbursement.  The court held for the             
          payor spouse, reasoning that the obligation was in the nature of            
          spousal support which, pursuant to Family Code section 4337,                
          terminated at the payee spouse’s death.  Id. at 317.                        
               We believe a California court would similarly reject any               
          attempt by Carmen’s successor in interest (e.g., her estate) to             
          enforce petitioner’s family support obligation for any period               
          after Carmen’s death.  Family support quite simply consists of              
          spousal support and child support, and it is well settled under             
          California law that a child support obligation runs to the child            
          and not to the payee spouse.  In re Marriage of Comer, 59 Cal.              
          Rptr. 2d 155, 160 (1996); see also Keith G. v. Suzanne H., 72               
          Cal. Rptr. 2d 525, 529 (Ct. App. 1998); In re Marriage of McCann,           
          32 Cal. Rptr. 2d 639, 642 (Ct. App. 1994); Hogoboom & King, Cal.            






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