In Re Marriage of Zimmerman

Good Law
183 Cal. App. 4th 900
Court of Appeal of CaliforniaApril 23, 2010B211381California5,393 words

Opinion

Opinion

Mosk, J.

INTRODUCTION

Petitioner and appellant Ruth Zimmerman (petitioner) sought to set aside prior child support orders against her former husband, respondent Paul Zimmerman (respondent), concerning their three children, because of respondent’s alleged fraud. The trial court ruled against petitioner on the ground that her claims were barred by the limitations provision of Family Code section 3691, subdivision (a), which provides for the grounds and time limits for an action or motion to set aside a support order. Petitioner appeals from that order and an order for discovery sanctions against her. We affirm the orders.

BACKGROUND

Judgment for dissolution of the marriage between petitioner and respondent was entered in 1997. There have been a number of hearings and orders concerning the relationship between the parties. We only set forth the relevant ones.

In 2003, pursuant to respondent’s request for an order to show cause to modify child support and establish child support arrearages, the trial court ordered child support for the three children in the amount of $1,211 per month, plus certain child care expenses, and ordered respondent to pay $14,499 in arrearages at the rate…

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