Legal Question in Family Law in California

In the State of CA, are both parents responsible for finances during marriage and support of their children? If both parents have an income, but one parent refuses to provide for mortgage, utilities, etc. is there a law to protect the children and the spouse from any potential financial neglect?


Asked on 1/12/11, 10:30 pm

1 Answer from Attorneys

Technically yes. There are provisions on the books that require each spouse and parent to support each other and the children of the marriage. There is also the general community property law that makes the income of each spouse the property of the marital community. However, there really isn't any enforcement mechanism. You can't really take a spouse to court just to make them pay the mortgage or buy groceries. So the laws regarding support really only come into play in separation or divorce. The practical reason for this is pretty simple. If one spouse simply hoards their income and spends it entirely on themselves, is there really a marriage to keep together? No. If it's come to that, it's time for a divorce anyway, and that is where these provisions are then enforced. The only other common situation in which they are enforced is where public benefits are sought, or one spouse or a child needs medical or other care, in which case the other spouse or both parents can be compelled to support the other or the child before the government or third-parties will pay.

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Answered on 1/18/11, 1:32 pm


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