In Re Marriage of Thompson

The trial court vacated a renewal of judgment which set forth that Edward Wayne Thompson (respondent) owed the County of Stanislaus (County) $4,694.17 in child support arrears, finding that the County was estopped from collecting additional principal or interest after January 1994 under the principles of equitable estoppel and accord and satisfaction. Mrs. Thompson, by the County (collectively appellant), challenges the ruling. We will conclude there is no evidence supporting either accord and satisfaction or estoppel and will accordingly reverse.

Facts and Procedural History

Commencing July 15, 1981, respondent was ordered to pay $90 a month through the Stanislaus County District Attorney Family Support Division (DAFSD) for the support of his child bom in December 1973. Respondent paid no support through 1984. In 1985, the child’s support rights, including the right to collect arrears, were assigned to the County by operation of law because the child was receiving Aid to Families with Dependent Children (AFDC) from the County. (Welf. & Inst. Code, § 11477.)

According to County records, of the $90 monthly support payments respondent was obligated to make, he paid $600…