In Re Marriage of Utigard

Mary Lou Utigard (Mary Lou) and four of her adult children appeal from the judgment (writ of execution) which determined that Lawrence A. Utigard (Lawrence) owed Mary Lou, but not the children, over $12,000 in arrearages for child support. The primary issue is whether the children are entitled to enforce support orders issued to their mother to avoid the bar of a statute of limitations applicable to her. We hold that they are not and affirm the judgment.

Facts

Mary Lou and Lawrence separated in 1970 and, in 1971, an interlocutory decree of dissolution was entered; Mary Lou was given custody of the children and Lawrence was ordered to provide $300 per month for child support. The eight children of the marriage then ranged from seven to nineteen years of age. Lawrence repeatedly failed to provide child support as ordered and Mary Lou, on four separate occasions, sought issuance of a writ of execution to obtain the arrearages. In May 1975, the court modified the judgment, ordering child support only for the four remaining minor children in the amount of $75 per child per month to be paid to the Business Administration Division of the San Mateo Department of Health and…