California Family Code § 3586 – Combined Child and Spousal Support (Family Support)

Plain-Language Summary

**California Family Code § 3586** addresses situations where parents agree to a single, combined support payment for both child support and spousal support (often called **“family support”**). In simple terms, if parents decide to merge child and spousal support into one unallocated sum without specifying how much is for the child and how much is for the spouse, the court does *not* have to issue a separate child support order. This means the judge can approve one combined support amount covering both the children and the ex-spouse, instead of breaking it into two orders. The law essentially gives flexibility to treat the combined support agreement as-is, so long as it’s mutually agreed – the court isn’t **required** to split it into child support and spousal support components. However, even when support is combined, judges will ensure the agreement is fair and that the children’s needs are met (e.g. that the combined amount is at least what guideline child support would roughly be, unless there are proper reasons to deviate). In short, § 3586 lets parents and courts use a single family support payment for convenience or tax purposes, without a mandatory separate child support calculation, provided it’s an informed agreement in the child’s best interest.

Real-World Examples

  • Combined Support in a Divorce Settlement: John and Jane agree in their divorce settlement that John will pay $2,000 per month in **family support** instead of two separate amounts for alimony and child support. They don’t label any portion specifically as child support. Under § 3586, the court can approve this combined sum without making a separate child support order, accepting John and Jane’s unified payment as fulfilling both obligations.
  • Tax Planning with Family Support: Before 2019 (when alimony was tax-deductible to the payer), some couples intentionally used a family support arrangement to maximize tax benefits. For example, Mike agrees to pay Marsha one combined amount that covers spousal and child support. By not allocating it, Mike could deduct the entire payment as alimony on his taxes (since it wasn’t labeled partly as child support). **Family Code § 3586** permits this unallocated support order – the court simply approves the one total figure. (Today, tax laws have changed, but this shows why parties might choose combined support.)
  • No Separate Order Needed: In a separation, Alex and Sam want to keep things simple. They agree that Alex will pay Sam $1,200 monthly for the support of Sam and their child together, without specifying an amount for the child. Thanks to § 3586, the judge can adopt this agreement as a single order. There’s no need for a distinct child support order, as long as it’s clear both parents understand the rights they’re waiving and the amount is appropriate for the child’s welfare.

Published Case Law on § 3586

  • In re Marriage of Varner (1997) 55 Cal.App.4th 128 – In this case, the divorce judgment included an unallocated family support payment of $6,000 per month instead of separate child and spousal support. The Court of Appeal treated the combined support as valid. The case highlights that courts can approve a single, merged support amount under § 3586. The family support arrangement in Varner was ultimately upheld, demonstrating that a properly agreed combined support order is enforceable.
  • In re Marriage of Schulze (1997) 60 Cal.App.4th 519 – This case involved a very high combined family support order (over 80% of the payer’s net income) which had been calculated using a temporary support formula to maximize tax deductions. The Court of Appeal reversed that order, cautioning that even though § 3586 allows combined support, the amount must still be reasonable and based on proper factors. Schulze underscored that family support orders should not unfairly overburden the paying parent and must still adhere to California’s support guidelines and fairness considerations, even if child and spousal support are merged.
  • In re Marriage of Benjamins (1994) 26 Cal.App.4th 423 – Decided soon after the Family Code was enacted, this case dealt with an agreement for combined support. The Court of Appeal acknowledged what is now § 3586, noting that when parties stipulate to a family support amount without allocation, the court may accept it as-is. Benjamins illustrates that judges give effect to the parties’ combined support agreement, provided it’s knowing and voluntary, and they are not compelled to impose a separate child support figure.

Full Text of California Family Code § 3586

Family Code § 3586. 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.

Nothing on this page should be considered legal advice. This information is for general educational purposes only. For advice on your specific situation, please consult a licensed attorney.