In Re Marriage of Tavares
Opinion
Opinion
Aronson, J.
Antonio J. Tavares (father) appeals from the trial court’s order determining his child support arrears for his son, C., who is now 16. Father contends the trial court should have modified his arrears to account for periods Rhonda L. Tavares (mother) allegedly concealed the boy and/or incurred no childcare expenses. Father’s arguments fail as a matter of law. The alleged concealment, even if true, is not an obstacle to collection of arrears because the overdue payments will still benefit C. during his minority, when he is entitled to his father’s support. (In re Marriage of Comer (1996) 14 Cal.4th 504, 515-517 [ 59 Cal.Rptr.2d 155 , 927 P.2d 265 ] (Comer).) And ample authority establishes a parent who has skipped the opportunity to modify a support order may not undermine accrued arrears by later contesting expenses. (See, e.g., Fam. Code, §§ 3653, 3680, 3692; all further statutory references are to this code.) As we explain below, we also reject father’s equal protection and due process claims of statutory, institutional, and procedural bias against child support obligors. Accordingly, we affirm the trial court’s order.