Marriage of Thomas CA4/2

BACKGROUND

The child support obligation that led to the instant dispute was initially ordered in

1984, when the parents’ marriage was dissolved, and wife was granted sole physical

custody of the couple’s child. The child was born in 1983, so he is now an adult. In

2000, husband filed a motion to “stay” the child support obligation, arguing that his

former spouse had concealed the child. However, the court found no active concealment

and determined father had made no diligent effort to locate the child between 1984 and

2000. The court denied the application to “stay” the child support obligation and directed

the district attorney, CSS, to provide an accounting of arrearages owed. At the next

hearing, the court ordered husband to continue to pay child support in the amount of $250

per month, and to pay $65 per month on the arrearages.

In 2018, husband sought to settle the unassigned arrearages, asserting that he and

petitioner had agreed that if he paid a lump sum of $22,000, all past due child support

principal and interest would be deemed paid in full. CSS appeared at the hearing, and,

after several continuances, the court ordered the matter continued to May 2019…