Legal Question in Family Law in California

Do your own homework.

I don't think this is a homework question. I don't think these kinds of questions are given to law students, and if they do, then I feel sorry for them.

I read this and spent some time down in the law library. Here's what I have:

Family Code section 4337 provides that "except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party..."

That section appears to be silent as to support arrears that accrued while the supported spouse was alive. It is clear to me that ongoing support payments have been terminated, so Bob would not owe spousal support after Cathy died, unless the parties had agreed otherwise in writing.

I think the arrears are still owed based on my reading of Family Code section 5240. "Upon the filing and service of a motion and a notice of motion by the obligor, the court shall terminate the service of an assignment order if past due support has been paid in full, including any interest due, and if any of the following conditions exist: (a) With regard to orders for spousal support, the death or remarriage of the spouse to whom support is owed."

Thus if there was a wage assignment in place on Bob, he would not be able to get that terminated unless two conditions were met: the death of Cathy and his payment in full of past due support, including interest. Thus Family Code section 4337 does not appear to cause the arrears to disappear.

It would also appear that either the estate or a successor in interest could appear in the family law case to enforce the unpaid support. (See Code Civ. Proc, sect. 377.31.)

I could be wrong and my colleagues may have better authority. If Mr. McCormick was right, and this was your homework assignment, you owe me a beer.