In Re Marriage of Walters

Good Law
1997 Cal. App. LEXIS 1002·59 Cal. App. 4th 998·70 Cal. Rptr. 2d 354·97 Daily Journal DAR 14733·97 Cal. Daily Op. Serv. 9144
Court of Appeal of CaliforniaDecember 5, 1997B101125California2,970 words

Opinion

Opinion

Epstein, J.

Milton Dennis Walters appeals from an order requiring him to pay child support arrearages. He claims he should not be liable for the arrearages because the custodial parent concealed the child from him until the child reached her majority. We conclude that the custodial parent’s conduct does not estop the County of Los Angeles (County) from collecting child support arrearages as reimbursement for the public assistance the child received. We also conclude that where there is an order that child support be paid to the court trustee, and the custodial parent’s concealment of the child does not prevent the noncustodial parent from making the child support payments, the custodial parent is not estopped from seeking arrearages.

Factual and Procedural Summary

On February 22,1978, an interlocutory judgment of dissolution was filed, ending the marriage of appellant Milton and respondent Teri R. Walters. Respondent was given custody of their daughter, Avaline, bom June 4,1970, and appellant was granted reasonable visitation rights. Appellant was ordered to pay child support of $75 per month, commencing March 1, 1978.

Appellant had visitation until June 4,1978, when he went to…

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