In Re Marriage of Pedregon

In a proceeding dissolving the marriage of Melissa Pedregón (wife) and Shawn Pedregón (husband), the trial court ruled husband was not required to pay child support for wife’s son, David Pedregón, since David was not husband’s biological child. As the enforcer of child support on behalf of wife, the San Bernardino County Department of Child Support Services (county) appeals on the ground husband is required to pay child support under the doctrine of parentage by estoppel even though husband is not David’s biological father. We agree and reverse the judgment. This matter is remanded to the trial court for determination of the amount of child support.

1. Facts and Procedural Background

Wife gave birth to David in July, 1989. His birth certificate names Enrique Zaragoza as his father. When David was 10 months old, wife met husband. Husband, wife, and David began living together when David was 18 months old, and husband and wife married in 1991, when David was 22 months old. Wife gave birth to a second son in 1993. Husband is that child’s natural father.

Husband and wife acknowledge David is not husband’s biological son. Nevertheless, husband treated David as his son and…