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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Decision (hypothetical order on motion for arrearages) (unpublished 1997) (elsewhere in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).

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