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11 J. Contemp. Legal Issues 370 (2000-2001)
Recent Developments in Child Support Litigation

handle is hein.journals/contli11 and id is 384 raw text is: Recent Developments in Child Support Litigation RENtE HARRISON Family Law, March 1999 In this memo I summarize some of the recent federal and California cases contouring the non-custodial parent's obligation to pay child support. My review suggests that courts today seem to be bending over backwards to accommodate the custodial parent.... California Decisions CONCEALMENT OF CHILD: IN RE MARRIAGE OF WALTERS. The Second District Court of Appeal holds that as long as the child-support obligor can make payments to someone-including a state agency-neither a state agency nor the custodial parent is estopped from enforcing child-support arrearages against him that have accrued during periods in which the custodial child has concealed the child's whereabouts.' In this case the noncustodial parent had visitation rights in addition to child-support obligations; but the custodial parent concealed the child for 10 years, from shortly after the divorce in 1978 until the child turned 18. The custodial parent received AFDC for two periods of two years during this time. The noncustodial parent had been under an order since 1979 to make his support payments to the office of the court trustee, but had made no payments under this order. In 1995 he brought an action for declaration of arrearages, claiming he owed nothing for the child's support; the district attorney responded that he owed about $20,000 in nonwelfare and assigned welfare child support. * PH Note: Rende's treatment of two federal cases is not included in these materials. 1. In re Marriage of Walters, 59 Cal. App. 4th 998 (1997) [following In re Marriage of Comer, 14 Cal. 4th 504 (1996)]. See generally Christopher Knight, Statement of Decision (hypothetical order on motion for arrearages) (unpublished 1997) (elsewhere in these Readings). 370

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