California Family Code 4338 – In the enforcement of an order for spousal support, the court shall …
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In the enforcement of an order for spousal support, the court shall resort to the property described below in the order indicated:
(a) The earnings, income, or accumulations of either spouse after the date of separation, as defined in Section 70, which would have been community property if the spouse had not been separated from the other spouse.
Terms Used In California Family Code 4338
- Date of separation: means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:
California Family Code 70
- order: include a decree, as appropriate under the circumstances. See California Family Code 100
- Property: includes real and personal property and any interest therein. See California Family Code 113
- Quasi-community property: means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:
California Family Code 125
- Spousal support: means support of the spouse of the obligor. See California Family Code 142
- Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
- Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
(b) The community property.
(c) The quasi-community property.
(d) The other separate property of the party required to make the support payments.
(Amended by Stats. 2016, Ch. 114, Sec. 5. (SB 1255) Effective January 1, 2017.)