100%(1)1 out of 1 people found this document helpful
This preview shows page 28 - 29 out of 34 pages.
spouse is adjudged the tortfeasor – Issue is whether the obligor was “performing an activity for the benefit of the community? (§1000(b)(1)+(2))If yes, tort creditor can reach…[Marshaling Order] 1st: CP, then 2nd: SP of tortfeasorIf no, tort creditor can reach SP of tortfeasor (1st) and CP (2nd). Note: Most acts or omissions that lead to tort liability can be case (in §1000(b) terms) as “an activity for the benefit of the community”oEx: H is slumlord (lessor) and property owned jointly by spouses. Tenants winsuit agst H + W. Insurer was permitted to reach the CP to recover settlementcosts expended in the lessor spouse’s defense (Takeaway – spouses should know of biz activities for CP benefit) (Axis Surplus v. Reinoso)Obligations: – incurred “at the time the obligation arises”o(1) Support Obligations– Family expenses of the current marriage are support obligationso(2) Child support and Spousal Support Obligations §915(a): child support or spousal support obligation of a married person that does not arise out of the marriage shall be treated as debtincurred before marriageEXEMPTION: CP is exempt if the obligor spouse has a nonexempt SPavailable to satisfy the support obligation It reimburses CP if CP funds are applied to satisfy a support obligation “at the time when nonexempt separate income of theperson is available but not applied”Exemption takes form of a reimbursemento(3) Extra-Marital Obligations§915(c):Authorizes a court to take into account the earnings both spouses in setting an extramarital support obligation that “does not arise of the marriage” but that was nevertheless incurred during the marriage.Marvin Contract obligations reduced to a judgment, marshalling order: CP (1st); SP (2nd) o(4) Child support of prior union –debt incurred before marriage; CP is reachable o(5) Extramarital child support – debt incurred during marriage; CP is liable Ex: H earns 100k/yr; A earns 200k/yr. H & P have a child during H-A marriage. Support set after consideration of all CP sources included H-A’s combined income of 300k.o(6) Parental support obligation – Incurred when a parentcan longer support him/herself through work. Obligation is formalized when parent brings an actionagainst the adult child to enforce the duty of support. (CFC §4404–adult child duty to support an indigent parent)“An adult child shall, to the extent of his or her ability, support a parent who is in need and unable to maintain himself or herself by work.”(Penal Code §270)Consequence – Neglect of duty is a misdemeanorRationale– Duty to support a parent similar to “one’s obligation to support an indigent parent” is not optional under CA law, notwithstanding the absence of a court order. The obligation to support a parent is different in the sense that the law does not recognize a right of reimbursement for the community estate in the case of parental support duty.