interest and atty fees CMRE Financial Services, Inc. (cont’d) CMRE asserts that W is liable for H’s as under Fam C 914 of life” “necessaries CMRE further argues, notwithstanding W not relieved of liability for debt of H not Fam C 916, assigned to W in judgment T/Ct agrees and enters judgment against W W appeals and CA-4(1): REVERSES CMRE Financial Services, Inc. (cont’d) W liable for the costs incurred by H for including hospital and medical fees, of life,” “necessaries under Fam C 914; that liability subject to provisions of Fam C 916 however, Under Fam C 916, nondebtor spouse is liable for debts incurred by former spouse during marriage if the debt is assigned to the nondebtor spouse by disso judgment Therefore, T/Ct erred in entering judgment against wife for the hospital fees Appellate Analysis CMRE Financial Services, Inc. (cont’d) conclusion a dissolution judgment relieves a spouse of liability imposed by section 914 is of “Our course supported by the express terms of section 916, which make all other provisions of that chapter of the Family Code, including section 914, subject to the protection section 916 provides to former spouses following dissolution of a marriage.’ is also consistent with the manner in which our courts have given section 916.” “It Appellate Analysis CMRE Financial Services, Inc. (cont’d) only exception to application of section 916… is where a creditor alleges a marital settlement “The agreement violates the separate provisions of the Uniform Fraudulent Transfer Act… (UFTA). (See 31 Cal.4th 657.)” Mejia v. Reed, any liability for support which arose during the parties’ separation ceases following “Moreover, dissolution of the marriage, unless the court orders it extended. (§916, subd. (a)(2).)” Appellate Analysis CMRE Financial Services, Inc. (cont’d) Educational Expenses Reimbursements/Debts Fam C 2641: Educational Expenses (a) Community contributions to education or training" as used in this section means payments made with community or quasi-community property for education or training or for the repayment of a loan incurred for education or training, whether the payments were made while the parties were
interest and atty fees CMRE Financial Services, Inc. (cont’d) CMRE asserts that W is liable for H’s as “necessaries of life” under Fam C 914 CMRE further argues, notwithstanding Fam C 916, W not relieved of liability for debt of H not assigned to W in judgment T/Ct agrees and enters judgment against W W appeals and CA-4(1): REVERSES CMRE Financial Services, Inc. (cont’d) W liable for the costs incurred by H for “necessaries of life,” including hospital and medical fees, under Fam C 914; however, that liability subject to provisions of Fam C 916 Under Fam C 916, nondebtor spouse is liable for debts incurred by former spouse during marriage if the debt is assigned to the nondebtor spouse by disso judgment Therefore, T/Ct erred in entering judgment against wife for the hospital fees Appellate Analysis CMRE Financial Services, Inc. (cont’d) “Our conclusion a dissolution judgment relieves a spouse of liability imposed by section 914 is of course supported by the express terms of section 916, which make all other provisions of that chapter of the Family Code, including section 914, subject to the protection section 916 provides to former spouses following dissolution of a marriage.’ “It is also consistent with the manner in which our courts have given section 916.” Appellate Analysis CMRE Financial Services, Inc. (cont’d) “The only exception to application of section 916… is where a creditor alleges a marital settlement agreement violates the separate provisions of the Uniform Fraudulent Transfer Act… (UFTA). (See Mejia v. Reed, 31 Cal.4th 657.)” “Moreover, any liability for support which arose during the parties’ separation ceases following dissolution of the marriage, unless the court orders it extended. (§916, subd. (a)(2).)” Appellate Analysis CMRE Financial Services, Inc. (cont’d) Educational Expenses Reimbursements/Debts Fam C 2641: Educational Expenses (a) Community contributions to education or training" as used in this section means payments made with community or quasi-community property for education or training or for the repayment of a loan incurred for education or training, whether the payments were made while the parties were