FC section 915 - Liablity of Marital Property

Who Pays for the Other Spouse's Prior Wife or Children

Family Code section 915 treats a spouse's child or spousal support obligations to a former spouse or children born outside this marriage as a debt incurred prior to marriage, regardless when the child or support obligation is created or modified (i.e., during this marriage). If community property is used to satisfy this prior debt at a time when the obligor spouse had non-exempt separate property income (for instance where they have income from a separate property asset), the community estate is entitled to reimbursement from that separate income an amount equivalent to the what the community estate paid out.


CALIFORNIA FAMILY CODE

Family Code section 915

(a) For the purpose of this part, a child or spousal support obligation of a married person that does not arise out of the marriage shall be treated as a debt incurred before marriage, regardless of whether a court order for support is made or modified before or during marriage and regardless of whether any installment payment on the obligation accrues before or during marriage.
(b) If property in the community estate is applied to the satisfaction of a child or spousal support obligation of a married person that does not arise out of the marriage, at a time when nonexempt separate income of the person is available but is not applied to the satisfaction of the obligation, the community estate is entitled to reimbursement from the person in the amount of the separate income, not exceeding the property in the community estate so applied.
(c) Nothing in this section limits the matters a court may take into consideration in determining or modifying the amount of a support order, including, but not limited to, the earnings of the spouses of the parties.

Testimonials & Endorsements

  • “Michael Peterson handled this case professionally from mediation to the final orders. Over the 15 month process he helped me view things from a non-emotional stand point which made everything less ...”

    - Demetria R.
  • “Found Mr Arnold to be very level headed and very brave to take on my divorce. He acted very professionally all the way through. Worked very well for us. We used the collaborative process."”

    - Lee M.
  • “When my divorce went to trial, it became imperative for me to hire an attorney. I live in Georgia, so I had to do over the phone consultations. When I spoke with Mr. Arnold, it just "felt right" and I ...”

    - Michelle H.
  • “Thurman is that rare attorney who promotes cooperative, non-adversarial divorce. Where many attorneys exacerbate conflict because it inevitably results in legal fees, Thurman promotes resolution and ...”

    - Stephen J.
  • “Just wanted to thank you for your website. It's encouraging to find attorneys who seem to care. I am working at organizing a conference in Las Vegas to train attorneys to 'do it right for the ...”

    - Danielle D.
/

Contact Us

Call (760) 320-7915 or Fill Out This Form

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • Yelp
  • Super Lawyers - Thurman
  • Avvo Rating - Superb Top Divorce Attorney
  • AV Preeminent - 2015
  • Super Lawyers - Michael
  • AAML
  • Coachella Valley's Top lawyers
  • Client Distinction - Thurman
  • California Certified (CBLS)