Unless the provision or context otherwise requires, the definitions and rules of construction in this part govern the construction of this code.
Part 2DEFINITIONS
Section § 50
This section says that unless specified otherwise, the definitions and rules outlined in this part of the code should be used to understand and interpret the entire code.
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Section § 58
This section defines who can receive child support. It includes any minor child and, in some specific cases outlined in other sections, even an adult child who may still qualify for support.
“Child for whom support may be ordered” means a minor child and a child for whom support is authorized under Section 3587, 3901, or 3910.
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Section § 63
This law section defines the term “community estate,” which covers both community property and quasi-community property.
“Community estate” includes both community property and quasi-community property.
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Section § 65
In this section, 'community property' refers to assets or property that are shared between a married couple, as defined by the rules starting in another part of the law.
“Community property” is property that is community property under Part 2 (commencing with Section 760) of Division 4.
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Section § 67
This law clarifies that when you come across the term "county" in this context, it also covers both individual cities and combined city-counties.
“County” includes city and county.
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Section § 70
This section defines what "date of separation" means in a marriage. It's the day when a clear and final breakup is shown by one spouse telling the other they want to end the marriage and acting in a way that supports this intention. When confirming the separation date, the court will consider all relevant evidence. The law overrides specific past court decisions.
(a)CA Family Law Code § 70(a) “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:
(1)CA Family Law Code § 70(a)(1) The spouse has expressed to the other spouse the intent to end the marriage.
(2)CA Family Law Code § 70(a)(2) The conduct of the spouse is consistent with the intent to end the marriage.
(b)CA Family Law Code § 70(b) In determining the date of separation, the court shall take into consideration all relevant evidence.
(c)CA Family Law Code § 70(c) It is the intent of the Legislature in enacting this section to abrogate the decisions
in In re Marriage of Davis (2015) 61 Cal.4th 846 and In re Marriage of Norviel (2002) 102 Cal.App.4th 1152.
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Section § 80
This law defines what an 'employee benefit plan' is. It covers both public and private plans for things like retirement, pensions, savings, profit sharing, and vacation pay. These plans can be either a defined contribution or a defined benefit type. It doesn't matter if they meet the specific qualifications under a federal law called ERISA. The definition also includes how 'employee benefit plan' is described under ERISA laws.
“Employee benefit plan” includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P.L. 93-406) (ERISA), as amended. The term also includes “employee benefit plan” as defined in Section 3 of ERISA (29 U.S.C.A. Sec. 1002(3)).
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Section § 92
This law section explains that 'family support' is a deal or legal order where child support and spousal support are mixed together. It doesn't specify how much money is for each support type; instead, it lumps them into one total payment.
“Family support” means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support.
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Section § 95
The law defines an 'income and expense declaration' as a specific form used in family law cases. This form is created by the Judicial Council and is used to detail a person's financial situation.
“Income and expense declaration” means the form for an income and expense declaration in family law matters adopted by the Judicial Council.
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Section § 100
In this context, both 'judgment' and 'order' also mean a decree if it fits the situation.
“Judgment” and “order” include a decree, as appropriate under the circumstances.
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Section § 105
This part of the law explains that the term 'person' is not limited to just individual humans. It also covers groups and business entities like firms, organizations, partnerships, corporations, and even government bodies.
“Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.
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Section § 110
This law clarifies that the term “proceeding” also refers to a legal action, meaning any kind of lawsuit or court case.
“Proceeding” includes an action.
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Section § 113
This law defines 'property' as including both real property, like land and buildings, and personal property, which can be things like cars or jewelry. It also covers any interest you might have in such property, like a mortgage or a lease.
“Property” includes real and personal property and any interest therein.
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Section § 115
The term 'property declaration' refers to a specific form used in family law cases to declare property, which has been approved by the Judicial Council.
“Property declaration” means the form for a property declaration in family law matters adopted by the Judicial Council.
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Section § 125
Quasi-community property is a term used for certain assets one or both spouses acquire when living somewhere else, which would be considered community property if they were living in California at the time. If someone buys property while living in another state or trades property that would have been community property in California, it's treated like community property in California.
“Quasi-community property” means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:
(a)CA Family Law Code § 125(a) By either spouse while domiciled elsewhere which would have been community property if the spouse who acquired the property had been domiciled in this state at the time of its acquisition.
(b)CA Family Law Code § 125(b) In exchange for real or personal property, wherever situated, which would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition.
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Section § 126
This law says that when you're looking at legal paperwork, if you see the term 'petitioner', it can also mean 'plaintiff' if it fits the situation.
“Petitioner” includes plaintiff, where appropriate.
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Section § 127
In this section, the term 'respondent' can also mean 'defendant' when it makes sense to do so in the context of a case.
“Respondent” includes defendant, where appropriate.
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Section § 130
This section defines 'separate property' as any property deemed separate according to specific rules starting from another section, Section 760, and beyond in the family code.
“Separate property” is property that is separate property under Part 2 (commencing with Section 760) of Division 4.
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Section § 142
Spousal support is essentially financial assistance that one spouse must provide to the other spouse.
“Spousal support” means support of the spouse of the obligor.
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Section § 143
This law section says that anytime the term “spouse” is used, it also includes a “registered domestic partner.”
“Spouse” includes “registered domestic partner,” as required by Section 297.5.
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Section § 145
This section defines the term “State” to include not just the states in the United States, but also the District of Columbia and any commonwealths, territories, or island areas under U.S. control.
“State” means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States.
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Section § 150
This section clarifies what 'support' means in terms of family obligations. It includes money owed for child or spousal support, or for family needs. It also covers past due amounts. When talking about minors or certain children, it includes their living expenses and education costs.
“Support” refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. It also includes past due support or arrearage when it exists. “Support,” when used with reference to a minor child or a child described in Section 3901, includes maintenance and education.
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Section § 155
This section defines a 'support order' as any court judgment or order requiring someone to provide financial support, regardless of whether it's temporary or permanent and can be changed or canceled. It specifies that only the first support order is treated like an installment payment plan. Orders that determine the amount to cover past support periods are not treated as a typical monetary judgment for certain legal procedures.
“Support order” means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. For the purposes of Section 685.020 of the Code of Civil Procedure, only the initial support order, whether temporary or final, whether or not the order is contained in a judgment, shall be considered an installment judgment. No support order or other order or notice issued, which sets forth the amount of support owed for prior periods of time or establishes a periodic payment to liquidate the support owed for prior periods, shall be considered a money judgment for purposes of subdivision (b) of Section 685.020 of the Code of Civil Procedure.
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