In Re the Marriage of Gregory

County of Contra Costa v. Gregory

Good Law
1991 Cal. App. LEXIS 510·230 Cal. App. 3d 112·281 Cal. Rptr. 188·91 Daily Journal DAR 5746·91 Cal. Daily Op. Serv. 3594
Court of Appeal of CaliforniaMay 15, 1991A046798California1,337 words

Opinion

Opinion

Dossee, J.

The county challenges the trial court’s ruling that a child support order terminated upon the death of the custodial parent.

The order of the trial court is reversed.

Factual and Procedural Background

In 1975, Sandi Marie Gregory filed a petition to dissolve her marriage to Thomas Paul Gregory. The couple agreed that Sandi Gregory would receive custody of the couple’s two children, Abbe, born March 17, 1969, and Thomas, born January 13, 1972. The trial court set the amount of child support at $125 per month per child beginning March 1, 1976, “continuing until the age of majority or until emancipation of said children . . . .” Payments were to be made to the county, and the district attorney was directed to enforce the support obligation so long as Sandi Gregory received public assistance. The court entered the final judgment of dissolution of marriage in 1977.

Sandi Gregory received Aid to Families With Dependent Children (AFDC) from the county from the time of the support order until her death in August 1981. During this period of time, Thomas Gregory made almost no child support payments and a substantial arrearage accumulated. Sandi Gregory and the county made…

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