Dupont

Dupont v. Dupont

Bad Law
105 Cal. Rptr. 2d 607·2001 Cal. App. LEXIS 257·2001 Daily Journal DAR 3323·88 Cal. App. 4th 192·2001 Cal. Daily Op. Serv. 2703
Court of Appeal of CaliforniaApril 2, 2001D035336California4,103 words

Opinion

Opinion

Huffman, J.

This is an appeal by intervener County of San Diego (County) from an order of the family law court finding a November 7, 1978 “Modified Findings and Order Re: Support,” concerning “the existing support obligation” of Thomas A. Dupont (Thomas) to Susan C. Dupont (Susan) for child support, was an installment judgment subject to accruing interest “as to each installment on the date the installment becomes due.” (Code Civ. Proc., §§ 685.010, 685.020, subd. (b).) County challenges the propriety of the court’s current order essentially arguing the court misconstrued that portion of the 1978 order dealing with child support arrearages Thomas owed on the original judgment of child and spousal support payable in installments as a new installment judgment rather than a mere statement of the “total amount of accrued arrears and a payment thereon ... for the convenience of the parties.” We disagree and affirm.

Factual and Procedural Summary

Thomas and Susan married on April 18, 1964. Before they separated on May 15, 1970, they had three children together: Anthony J., born in 1964; Thomas D., born in 1966; and Andrea J., born in 1970.

On December 6, 1972, an interlocutory judgment…

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