In Re the Marriage of Henderson

The marriage of John Erwin Henderson III (appellant) and Irene Mary Henderson (respondent) was legally dissolved on March 21, 1972. Respondent received custody of Kenneth R. Henderson, born September 4, 1966, and Maureen M. Henderson, born October 23, 1968. Appellant was ordered by the court to pay $50 per month per child directly to the “Humboldt County Family Trust Fund” for the support of his children.

On May 8, 1981, the Santa Clara County Sheriff’s Office delivered an earnings withholding order for support to appellant’s employer which resulted in partial satisfaction of a $13,250 money judgment the county’s family support division had obtained against appellant.

Appellant filed a chapter 7 bankruptcy petition on September 17, 1981, and listed Humboldt County as an unsecured creditor without priority. The debt amounted to $7,100.35. He was “released from all dischargeable debts” on February 10, 1982.

The Humboldt County family support division filed an application for a renewal of judgment on April 7, 1989. The amount of judgment was listed as $13,395; interest amounted to $8,383.03 for a total of $21,778.03. Appellant moved to vacate the renewal on the grounds…