“Pursuant to FC 92, 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.’ It is similar to spousal support in that it is tax deductible to the obligor and includible in the obligee’s taxable income.
Because child support is not deductible to the obligor and not includible to the obligee, there are no tax benefits for either spouse. However, since the entire family support amount is tax deductible from the obligor’s taxable income and is includible in the obligee’s income, the amount of family support can be adjusted so that the obligor has basically the same net income, when the tax benefits are taken into consideration. This additional deductibility maximizes the tax benefits and provides additional money to the receiving or obligee spouse [FC 4066].”
[LW Greenberg, California Family Law]
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