Child support is not just monetary. A custodial parent who wishes to remain in the family home for the sake of the minor child can petition the court to defer its sale despite the other party’s objection. This is known as the “deferred sale of home order” and is another common component of a child support order. The parties can stipulate to this or petition the court to make such orders. Family code section 3800 provides the courts with authority to temporarily delay the sale of the family residence in order to minimize the adverse affect a dissolution or legal separation has on the welfare of the child. “Family home” includes any home that was the family’s primary residence prior to the dissolution. Therefore, even if the property is the separate property of the other party the court can make orders deferring the sale if it was the family’s primary residence. Marriage of Braud (1996) 45 Cal.App.4th 797, 811.

The court must first determine that this order is “economically feasible”. In other words, the court must determine whether the custodial parent will be able to maintain the (a) house payments (ie monthly mortgage, property tax, insurance, etc) and (b) the condition of the home comparable to that at the time of trial. Family Code Section 3801 (a). The court must consider the income of the custodial parent, the available spousal and/or child support, and any other sources of funds available to the requesting spouse to make the payments. Family Code §3801 (b).

After determining that it is economically feasible the court has the discretion to make the order deferring the sale and its duration. However, the court must consider and weigh the following ten statutory factors when using its discretion: (1) the length of time the child has resided in the home; (2) the child’s grade in school; (3) the accessibility and convenience of the home to the child's school and other services or facilities used by and available to the child, including child care; (4) whether the home has been adapted or modified to accommodate any physical disabilities of a child or a resident parent in a manner that a change in residence may adversely affect the ability of the resident parent to meet the needs of the child; (5) the emotional detriment to the child associated with a change in residence; (6) the extent to which the location of the home permits the resident parent to continue employment ; (7) the financial ability of each parent to obtain suitable housing; (8) the tax consequences to the parents; (9) the economic detriment to the nonresident parent in the event of a deferred sale of home order ; (10) any other factors the court deems just and equitable. Family Code §3801(b).

The court may lower the amount of child support payable to the custodial parent in order to minimize the economic detriment to the other party. The court can also order the custodial parent to maintain the property and make timely payments during the deferral period. As an additional protection to the other parent, the court must reserve jurisdiction to determine all issues that may arise with respect to the order. Family Code §3809.