CALIFORNIA FAMILY LAW
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Community Property Issues
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Debts/Obligations/Reimbursement
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Payments on C/P Debts Postseparation
............Reimbursement Permitted
10 Cards On This Topic:
Reimbursement for payment of c/p obligations after separation.
Court may order reimbursement for c/p debts paid after separation.
Reimbursement should generally be ordered for postseparation payments of c/p obligations. Exceptions listed.
Reimbursement required where H paid on C/P debts postseparation with S/P and no Epstein exceptions applied.
Payments by H "in lieu of support" on c/p residence occupied by W after separation are reimbursable.
Former Civil Code section 4800.2 does not limit reimbursement of c/p obligations paid after separation.
Reimbursement should be ordered except where payor has use of asset or support has been adjusted due to court ordered payments on c/p debts.
Issue of reimbursement for payments on c/p debts should be decided at temporary support hearing, not deferred to trial.
Postdissolution mortgage payment must be shared when home vacant.
Party seeking reimbursement must prove payments made with s/p.