Family Code - Definitions
Unless the provision or context otherwise
requires, the definitions and rules of construction
in this part govern the construction of
"Child for whom support may be ordered"
means a minor child and a child for whom
support is authorized under Section 3587,
3901, or 3910.
"Community estate" includes both community
property and quasi-community property.
"Community property" is property that is
community property under Part 2 (commencing
760) of Division 4.
"County" includes city and county.
"Employee benefit plan" includes public
and private retirement, pension, annuity,
savings, profit sharing, stock bonus, stock
option, thrift, vacation pay, and similar
plans of deferred or fringe benefit compensation,
whether of the defined contribution or defined
benefit type whether or not such plan is
qualified under the Employee Retirement
Income Security Act of 1974 (P.L. 93-406)
(ERISA), as amended. The term also includes
"employee benefit plan" as defined in Section
3 of ERISA (29 U.S.C.A. Sec. 1002(3)).
"Family support" means an agreement between
the parents, or an order or judgment, that
combines child support and spousal support
without designating the amount to be paid
for child support and the amount to be paid
for spousal support.
"Income and expense declaration" means the
form for an income and expense declaration
in family law matters adopted by the Judicial
"Judgment" and "order" include a decree,
as appropriate under the circumstances.
"Person" includes a natural person, firm,
association, organization, partnership,
business trust, corporation, limited liability
company, or public entity.
"Proceeding" includes an action.
"Property" includes real and personal property
and any interest therein.
"Property declaration" means the form for
a property declaration in family law matters
adopted by the Judicial Council.
"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:
By either spouse while domiciled elsewhere
which would have been community property
if the spouse who acquired the property
had been domiciled in this state at the
time of its acquisition.
In exchange for real or personal property,
wherever situated, which would have been
community property if the spouse who acquired
the property so exchanged had been domiciled
in this state at the time of its acquisition.
"Petitioner" includes plaintiff, where appropriate.
"Respondent" includes defendant, where appropriate.
"Separate property" is property that is
separate property under Part 2 (commencing
760) of Division 4.
"Spousal support" means support of the spouse
of the obligor.
"State" means a state of the United States,
the District of Columbia, or a commonwealth,
territory, or insular possession subject
to the jurisdiction of the United States.
"Support" refers to a support obligation
owing on behalf of a child, spouse, or family,
or an amount owing pursuant to Section
17402. It also includes past due support
or arrearage when it exists. "Support,"
when used with reference to a minor child
or a child described in Section 3901, includes
maintenance and education.
"Support order" means a judgment or order
of support in favor of an obligee, whether
temporary or final, or subject to modification,
termination, or remission, regardless of
the kind of action or proceeding in which
it is entered. For the purposes of Section
685.020 of the Code of Civil Procedure,
only the initial support order, whether
temporary or final, whether or not the order
is contained in a judgment, shall be considered
an installment judgment. No support order
or other order or notice issued, which sets
forth the amount of support owed for prior
periods of time or establishes a periodic
payment to liquidate the support owed for
prior periods, shall be considered a money
judgment for purposes of subdivision (b)
of Section 685.020 of the Code of Civil