California Family Code - Definitions

50. Unless the provision or context otherwise requires, the definitions and rules of construction in this part govern the construction of this code.

58. "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.

63. "Community estate" includes both community property and quasi-community property.

65. "Community property" is property that is community property under Part 2 (commencing with Section 760) of Division 4.

67. "County" includes city and county.

80. "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)).

92. "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.

95. "Income and expense declaration" means the form for an income and expense declaration in family law matters adopted by the Judicial Council.

100. "Judgment" and "order" include a decree, as appropriate under the circumstances.

105. "Person" includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.

110. "Proceeding" includes an action.

113. "Property" includes real and personal property and any interest therein.

115. "Property declaration" means the form for a property declaration in family law matters adopted by the Judicial Council.

125. "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:

(a) 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.

(b) 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.

126. "Petitioner" includes plaintiff, where appropriate.

127. "Respondent" includes defendant, where appropriate.

130. "Separate property" is property that is separate property under Part 2 (commencing with Section 760) of Division 4.

142. "Spousal support" means support of the spouse of the obligor.

145. "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.

150. "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.

155. "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 Procedure.

 

To schedule a consultation

click the green button

or call us at

626-301-9327 

 

  Did you know?
The Law Offices of Mark J. Warfel has helped more than 1,000 family law clients.

   

 

© 2004-2008. All Rights Reserved.

California Family Code

Defined Terms - Quick Links

Child for whom support may be ordered

Community estate

Community property

County

Employee benefit plan

Family support

Income and expense declaration

Judgment and order

Person

Proceeding

Property

Property declaration

Quasi-community property

Petitioner

Respondent

Separate property

Spousal support

State

Support

Support order