Jensen

This appeal concerns whether a custodial parent’s intentional concealment of a child that ends after the child reaches the age of 18 but while the child is still a full-time high school student estops the custodial parent from collecting child support arrearages from the noncustodial parent. The trial court concluded that respondent, Vic Allen Jensen, was relieved of his obligation to pay child support for his daughter, Brandi, from 1986 until March 30, 1998, because she turned 18 on March 12, 1998, and was concealed from him during that period. Appellant, Stanislaus County Department of Child Support Services (Department), contends that this concealment defense was not triggered by Brandi’s 18th birthday because when Brandi contacted respondent he was still obligated to pay current child support under Family Code section 3901, subdivision (a).

However, under In re Marriage of Damico (1994) 7 Cal.4th 673 [ 29 Cal.Rptr.2d 787 , 872 P.2d 126 ], it is the custodial parent’s concealment until the child reaches the age of majority, not concealment until the termination of the support obligation, that estops the custodial parent from later collecting child support arrearages.…