Massey

Massey v. Sweeney

Good Law
1999 Cal. App. LEXIS 1006·76 Cal. App. 4th 343·90 Cal. Rptr. 2d 298·99 Daily Journal DAR 11653·99 Cal. Daily Op. Serv. 9150
Court of Appeal of CaliforniaNovember 17, 1999No. F030580California1,425 words

Opinion

Lead Opinion

Wiseman, J.

There is a Spanish proverb that says, “Manana is often the busiest day of the week.” We recognize that many people do not adhere to the philosophy expressed by Benjamin Franklin, who wrote, “Never leave that till tomorrow which you can do today.” In spite of this, we gladly close the door on a case where appellant has taken the meaning of procrastination to new heights rarely seen even in the justice system. She is seeking back child support owed for children who would now be 49, 47, and 46 years old, *345 respectively. Although the trial court correctly observed, “ma’am, you didn’t get what you were entitled to,” there comes a point when enough is enough.

Here, we hold appellant is not entitled to enforce a November 6, 1963, child support order pursuant to Family Code section 4502.

Procedural and Factual History

Ruth (appellant) and Albert Sweeney (respondent) were married until 1963, when they divorced. The marriage produced three children: Johnnie (bom Nov. 18, 1950), Debra (bom Nov. 17, 1952) and Sherry (bom Nov. 2, 1953). A child support order filed on November 6, 1963, provided that respondent was to pay appellant $50 a month for each child until the children…

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