In Re the Marriage of Smith

This appeal presents the following issue: Where a former wife receiving public assistance for support of her children assigns to the paying county all her rights to accrued and court ordered child support payments from her former husband, may his defense, that she is estopped to collect child support from him for the period prior to that assignment, also be asserted against the county? We will answer this question affirmatively and reverse and remand.

Statement of Facts

Roy and Joyce Smith were divorced on March 19, 1981. On May 18, 1980, the San Mateo Superior Court awarded custody of their three children to Joyce, and ordered Roy to pay $300 per month spousal support and $300 per month child support. Problems arose concerning Roy’s failure to pay support and Joyce’s alleged interference with Roy’s visitation rights; and on June 23, 1981, the court entered an order that accepted the parties’ waiver of spousal support, increased the child support payments to $375 per month, set a visitation schedule for Roy, and ordered Joyce not to remove the children from the state without Roy’s or the court’s permission.

On March 2, 1982, after a hearing on February 17, 1982,…