Mclucas

Mclucas v. Mclucas

Good Law
1989 Cal. App. LEXIS 431·210 Cal. App. 3d 83·258 Cal. Rptr. 133
Court of Appeal of CaliforniaMay 4, 1989No. B028862California2,952 words

Opinion

Lead Opinion

Stone, J.

Wife (Carolyn Sue McLucas) appeals from a superi- or court order granting husband’s (Michael Leonard McLucas) motion to discharge arrears and to quash a wage assignment for certain periods during which the trial court found that wife had deliberately concealed the couple’s minor child, Tonya. The trial court ordered return to husband of any moneys received for payment of arrearages which accrued during specified periods.

*85 Wife contends the trial court erred as a matter of law in concluding that the custodial parent’s intentional concealment of a minor child from the noncustodial parent may estop the custodial parent from collecting child support arrearages during the period of concealment. We find no error and affirm the order.

Facts

Wife appeals on a settled statement and does not challenge the substantiality of the evidence. The district attorney, acting on her behalf, proffered no evidence at the hearing on husband’s motion. Husband presented evidence at the hearing which revealed that wife filed for dissolution of marriage after husband’s return from Vietnam in 1970. The parties’ child, Tonya, was born August 31, 1970. The dissolution became final in 1971. Wife…

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