County of Contra Costa v. Gregory

Opinion

DOSSEE, J.

The county challenges the trial court’s ruling that a child support order terminated upon the death of the custodial parent.

[114]

The order of the trial court is reversed.

Factual and Procedural Background

In 1975, Sandi Marie Gregory filed a petition to dissolve her marriage to Thomas Paul Gregory. The couple agreed that Sandi Gregory would receive custody of the couple’s two children, Abbe, born March 17, 1969, and Thomas, born January 13, 1972. The trial court set the amount of child support at $125 per month per child beginning March 1, 1976, “continuing until the age of majority or until emancipation of said children . . . .” Payments were to be made to the county, and the district attorney was directed to enforce the support obligation so long as Sandi Gregory received public assistance. The court entered the final judgment of dissolution of marriage in 1977.

Sandi Gregory received Aid to Families With Dependent Children (AFDC) from the county from the time of the support order until her death in August 1981. During this period of time, Thomas Gregory made almost no child support payments and a substantial arrearage accumulated. Sandi Gregory and the county made several unsuccessful attempts to collect the arrearage, and, according to the county, Thomas Gregory owed $15,757 for past due child support at the time of Sandi Gregory’s death.

Following Sandi Gregory’s death, the children went to live with their maternal grandparents, who were appointed guardians of the children. The grandparents requested and received AFDC benefits for the children.

The county continued without success its efforts to collect child support and the arrearage from Thomas Gregory. Meanwhile, in May 1984, the children became ineligible for further AFDC benefits.

In April 1988, the county filed an order to show cause, and this time Thomas Gregory responded and requested that the court determine the child support arrears, “if

any.”