3500–3604: Support Agreements and Temporary Support
Going through a divorce or legal separation is never easy, especially when it comes to financial uncertainty. Whether you’re worried about supporting your children, needing help to cover your basic needs, or figuring out how your separation will impact long-term financial responsibilities, California’s support laws offer guidance and structure. This blog post walks through Family Code Sections 3500 – 3604, which lay the groundwork for how support agreements work and what temporary support can look like during a pending family law proceeding.
These laws clarify what kinds of financial agreements spouses can make, how child and spousal support are treated differently, and what the court can order while a divorce or custody case is still in progress.
3500–3515: Key Definitions
This section sets the stage by defining important terms. Section 3500 tells us that the definitions in this chapter apply throughout California’s support laws. Section 3515 makes one important distinction: “Separate property” does not include quasi-community property, which refers to certain property acquired during the marriage while living outside California. Understanding what counts as separate property versus community or quasi-community property can have a big impact on how financial responsibilities are divided.
3580–3593: Support Agreements Between Spouses
Spouses in California have the option to create written agreements that cover spousal and child support. These agreements can be made at the time of separation or in anticipation of divorce. Section 3580 allows couples to make an agreement that includes financial support for a spouse or their children. The agreement itself is valid as long as both parties voluntarily consent to it.
Child Support: 3585–3587
When parents agree on child support, California law treats those provisions as separate and independent from other parts of the agreement, like property division or spousal support (Section 3585). This ensures that child support is always handled with the child’s best interests in mind, not as part of a negotiated package.
If an agreement combines child and spousal support but doesn’t separate the amounts, the court doesn’t have to make a specific order for child support unless necessary (Section 3586). That said, the court does have the authority to enforce or approve agreements that include continued child support after a child turns 18, or even for an adult child in specific cases (Section 3587), if both parents agree to it.
Spousal Support: 3590–3593
Agreements about spousal support are also enforceable, and like child support, they are legally distinct from property agreements (Section 3590). Courts can turn these agreements into formal orders. However, Section 3591 makes it clear that spousal support agreements can usually be modified later, unless the agreement specifically says it can’t be changed.
There are limits: courts can’t change amounts that were due before someone officially requested a modification. And if a spousal support agreement says it’s not subject to modification, the court will honor that, especially if it was made in writing or agreed to in court (Section 3591c).
If a person files for bankruptcy and their obligation under a spousal support or property agreement is wiped out, the court can step in to make sure the other spouse still gets fair support (Section 3592). However, these rules only apply to property settlement agreements made on or after January 1, 1970. Any agreements before that date are governed by older law (Section 3593).
3600–3604: Temporary Spousal and Child Support During a Case
One of the most immediate concerns in a divorce or legal separation is how to financially survive while the case is pending. That’s where temporary support orders come in. Section 3600 gives the court authority to order temporary child or spousal support while a case is still open. These orders are designed to meet immediate needs, not to be final decisions about long-term support.
Temporary Child Support Orders: 3601–3604
A temporary child support order stays in effect until the court either changes it or it ends automatically under other parts of the law (Section 3601). For example, it might end when the child turns 18 or graduates high school, depending on the circumstances. If the parents reconcile and start living together again, the order doesn’t apply during that time unless it says otherwise (Section 3602).
Importantly, the court can modify or cancel a temporary support order at any time, except for support that has already become due before a request to change it was made (Section 3603). Finally, these temporary orders don’t affect future rights. They don’t lock the court into a particular outcome for final orders (Section 3604).
Conclusion
Understanding support agreements and temporary support orders is an important part of navigating a family law case in California. Whether you’re making decisions with your spouse about future financial responsibilities or seeking immediate help while your case is still pending, the laws found in Family Code Sections 3500 to 3604 can offer stability during an uncertain time.
These provisions make it clear that courts respect agreements between spouses and parents, but they also ensure that children’s needs come first and that the court has the authority to step in when fairness or necessity requires it. If you’re facing questions about support during or after separation, it’s wise to speak with a family law attorney who can help tailor the law to your specific circumstances.