Reconciliation and Support Orders – Family Code 3602

Couples sometimes reconcile after a support order is in place, live together for months, and then separate again. Does support accrue during the period they were back together?

California Code Family Code § 3602 answers the question for both child and spousal support: unless the order itself provides otherwise, a support order is not enforceable during any period in which the parties have reconciled and are living together. The order is not terminated; it is suspended. If the reconciliation fails and the parties separate again, the order resumes without a new court proceeding.

The practical difficulty is proving when a reconciliation began and ended. A paying spouse who moved back in and paid household bills directly should keep records, because the other spouse may later claim arrears for the period. Conversely, a receiving spouse should understand that moving back in usually means giving up the right to collect under the order for that time.

Parties who reconcile should consider whether to dismiss the case or put it on hold formally. If the attempt fails, the question of the date of separation will come back, and it may be a new date.