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HomeFamily CodeDiv. 4Pt. 3Ch. 2§ 915 Support Obligation Reimbursement Rules

§ 915 Support Obligation Reimbursement Rules

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 915 Support Obligation Reimbursement Rules

Key Takeaways

  • •If a married person has to pay child or spousal support from a past relationship, it’s treated like a debt they had before getting married.
  • •If the married couple’s shared money is used to pay this support, but the person has their own separate money they didn’t use, the shared money can be paid back by the person’s separate money.
  • •The court can still look at both spouses’ incomes when deciding how much support should be paid.

Example

John was married before and has to pay child support for his kid from that marriage. Now, he’s married to Lisa, and they share a bank account. John has his own savings but doesn’t use it to pay the child support. Instead, he uses the money from the shared account with Lisa.

Since John didn’t use his own savings to pay the child support, the shared account with Lisa can ask to be paid back from John’s separate savings. The law treats the child support like a debt John had before marrying Lisa.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 915 Support Obligation Reimbursement Rules

(a) For the purpose of this part, a child or spousal support obligation of a married person that does not arise out of the marriage shall be treated as a debt incurred before marriage, regardless of whether a court order for support is made or modified before or during marriage and regardless of whether any installment payment on the obligation accrues before or during marriage. (b) If property in the community estate is applied to the satisfaction of a child or spousal support obligation of a married person that does not arise out of the marriage, at a time when nonexempt separate income of the person is available but is not applied to the satisfaction of the obligation, the community estate is entitled to reimbursement from the person in the amount of the separate income, not exceeding the property in the community estate so applied. (c) Nothing in this section limits the matters a court may take into consideration in determining or modifying the amount of a support order, including, but not limited to, the earnings of the spouses of the parties. (Amended by Stats. 1993, Ch. 219, Sec. 100.5. Effective January 1, 1994.)

Last verified: January 21, 2026

Key Terms

child or spousal support obligationdebt incurred before marriagecommunity estatereimbursementnonexempt separate income

Related Statutes

  • § 4063 Child Support Cost Reimbursement
  • § 910 Spousal Debt Liability Rules
  • § 911 Married Person Earnings Protection
  • § 1600 Premarital Agreement Act
  • § 1601 Premarital Agreement Effective Date

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 915.
View Official Source