Rupe

*1013 Opinion

—Michael Louis Wilson (Father) appeals an order of the family court denying his request for an equitable set-aside of his child support arrearages. In the published portion of this opinion, we shall remand the matter to allow the family court to exercise its discretion to determine whether it would be inequitable to allow respondent Deborah A. Rupe (Mother) to enforce the child support order for the period during which the couple’s daughter (Minor) was living in the home of Father’s parents (Grandparents).

I. BACKGROUND

A. Prior Proceedings

Father married Mother in 1978. Minor was born in 1979. In 1981, Mother filed a petition for dissolution of the marriage. Father’s default was entered, and an interlocutory judgment of dissolution was entered later that year. 1 The family court granted custody of Minor to Mother and ordered Father to pay $200 per month in child support. A final judgment of dissolution was entered in 1984.

In 1985, the Alameda County District Attorney filed a declaration alleging that Father owed $7,550 in unpaid child support. Father appeared, in person and with counsel, at a June 10, 1985 hearing at which, by stipulation, the family court…