Family Law Support Agreements

Division 9, Part 1, Chapter 3 of the California Family Code deals with support agreements. Article 1 provides general provisions.

Section 3580 specifies that spouses may agree, in writing, to an immediate separation, and may provide in the agreement for the support of either of them and of their children during the separation or upon the dissolution of their marriage. The mutual consent of the parties is sufficient consideration for the agreement.

Article 2 deals with child support. Section 3585 states that the provisions of an agreement between the parents for child support is to be deemed to be separate and severable from all other provisions of the agreement relating to property and support of either spouse.

Section 3586 provides that, if an agreement between the parents 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, the court is not required to make a separate order for child support.

Section 3587 allows the court to approve a stipulated agreement by the parents to pay for the support of an adult child or for the continuation of child support after a child attains the age of 18 years and to make a support order to effectuate the agreement.

Article 3 deals with spousal support. Section 3590 provides that the provisions of an agreement for support of either party is to be deemed to be separate and severable from the provisions of the agreement relating to property.

Section 3591 provides that the provisions of an agreement for the support of either party are subject to subsequent modification or termination by court order.

Section 3592 states that, if an obligation under an agreement for settlement of property to a spouse or for support of a spouse is discharged in bankruptcy, the court may make all proper orders for the support of the spouse, as the court determines are just, having regard for the circumstances of the parties and the amount of the obligations under the agreement that are discharged.