Leyser

State of Washington Ex Rel. Burton v. Leyser

Good Law
196 Cal. App. 3d 451·1987 Cal. App. LEXIS 2340·241 Cal. Rptr. 812
Court of Appeal of CaliforniaNovember 20, 1987F007476California3,372 words

Opinion

Opinion

Woolpert, J.

This appeal concerns the issue of whether a custodial parent who has concealed herself and her children from the noncustodial parent can recover child support arrearages accrued during the period of concealment, or whether she may be deemed to have waived her entitlement to arrearages or may be estopped to recover the arrearages. We hold the circumstances in this case support the trial court’s finding that appellant, the custodial parent, waived any right and was estopped to recover child support arrearages for the period of time she actively concealed herself and her children.

On November 13, 1984, the State of Washington filed a nonwelfare petition for child support in Fresno County on behalf of Susan Jane Burton (Susan) under the Revised Uniform Reciprocal Enforcement of Support Act (RURESA). The petition sought payment of current child support of $200 per month and accrued child support arrearages amounting to $10,250 as of October 3, 1984, from James Jay Leyser (James). Hearings were held on the petition on January 31, 1986, and May 20, 1986. The Fresno County District Attorney’s office represented Susan and the State of Washington. In its statement of decision…

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