In Re the Marriage of Tibbett

California Court of Appeal Feb 28, 1990 No. A046030Published

Before: Channell

AI Brief

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Holding. A custodial parent's concealment of children from the noncustodial parent does not constitute a valid defense to a claim for child support arrearages. The enforcement of child support obligations is legally separate from visitation rights and remains unaffected by any interference with those rights.

Issues

Whether a custodial parent's concealment of children from the noncustodial parent estops the custodial parent from collecting child support arrearages.
Whether the trial court erred in excluding child support arrearages for the period of June 1974 through December 1983.

Disposition. reversed

Quotations verified verbatim against the opinion

“the enforcement of a child support obligation "is unaffected by any interference" with court granted visitation rights.”

“the "child's need for sustenance must be the paramount consideration."”

“we find that concealment does not constitute a defense to a child support action.”

218 Cal.App.3d 1249 (1990) 267 Cal. Rptr. 642 In re the Marriage of DOLORES and GARY TIBBETT.

GARY TIBBETT, Respondent,

DOLORES TIBBETT, Appellant.

Docket No. A046030. Court of Appeals of California, First District, Division Four.

February 28, 1990. [1250] COUNSEL

Nancy L. Parent for Respondent.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Morris Beatus and Josanna Berkow, Deputy Attorneys General, for Appellant.

OPINION

CHANNELL, J.

Respondent Gary Tibbett requested an order determining arrearages for unpaid child support payments in January 1989. On February 28, 1989, the court ruled that Gary must pay arrearages from January 1, 1984[1] through February 28, 1989, totaling $8,825 at a monthly rate of $245. The court also directed that he continue to pay $75 a month child support for his son, beginning on March 1, 1989.[2] On April 20, 1989, the court issued an order memorializing its ruling. Gary's former spouse, appellant Dolores Tibbett, appeals from the order determining arrearages.[3] We reverse the order.

[1251] I. FACTS

Gary and Dolores Tibbett were married on July 26, 1969. Before this marriage, Dolores had borne a daughter, Julie, on September 4, 1966. After marrying Dolores, Gary adopted Julie. Dolores and Gary had a son, Gary II (Skip), on July 18, 1970. The marriage dissolved in 1973. Dolores was awarded custody of Julie and Skip.

Dolores remarried and moved with the children to Oklahoma in 1974. Shortly after the move, Gary stopped making the previously ordered child support payments. He tried to find the children several times. According to Gary and his second wife Susan, the district attorney told them that child support payments did not have to be made if Dolores and the children could not be found. Gary did not hear from the children again until Christmas 1982. After December 1982, Gary bought gifts for the children. In July 1987, 3 months before Julie turned 21, Julie became emancipated, ending Gary's obligation to provide child support for her.

In Re the Marriage of Tibbett

AI Brief

OPINION

CHANNELL, J.

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II. DISCUSSION

NOTES

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