Full question:
My friend’s husband wants to pay child support out of the community property. But the child is not my friend’s and is born as a result of her husband’s affair with another woman. Can the husband pay for child support out of the community property?
- Category: Divorce
- Subcategory: Community Property
- Date:
- State: California
Answer:
In California, a married person cannot use community property to pay child support for a child born outside the marriage. This obligation is treated as a debt incurred before marriage, even if a court orders support during the marriage. According to Cal. Fam. Code § 915:
(a) Child or spousal support obligations that do not arise from the marriage are considered debts incurred before marriage, regardless of when the court order is made.
(b) If community property is used to satisfy such obligations while separate income is available but not used, the community estate has the right to reimbursement from the person for the amount of separate income, not exceeding the community property used.
(c) Courts may consider various factors, including the earnings of the spouses, when determining or modifying support orders.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.