Helmig v. Dunmore

Opinion

RAYE, J. Appelant Steven Gregory Dunmore challenges an order by the trial court setting child support arrears for his daughter Eileen. In an [3]unrelated action, Eileen’s stepfather initiated a stepparent adoption of Eileen. The preadoption proceedings included a court finding that the adoption could proceed without appellant’s consent. On appeal, Steven argues this finding terminated his child support obligation.1 We disagree and shall affirm the judgment (order).

Factual and Procedural Background

Steven married respondent Linda K. Helmig (Dunmore) in 1982, and the marriage was dissolved in 1991.2 The couple have a daughter, Eileen, born May 12, 1986. The dissolution judgment ordered Steven to pay child support for Eileen of $500 per month beginning October 1, 1990. Steven made all child support payments through March 1994. However, Steven failed to make payments from April 1994 through March 1999. In April 1996 the court lowered the child support for Eileen to $212 per month.

In a separate case, Eileen’s stepfather initiated an adoption in 1996. During the preadoption proceedings, a finding was requested and made that the abandonment elements of Family Code section 8604, subdivision (b),3 were met, and the adoption could proceed without Steven’s consent. The record contains no evidence the adoption was ever completed.

In 1999 the district attorney filed a motion to determine child support arrears due from Steven for Eileen’s support based on the dissolution order. Steven filed a response, admitting nonpayment since April 1994, but contending his child support obligation terminated on the date the court found Eileen’s adoption could proceed without his consent.

Following oral argument, the trial court found: “A petition by Linda’s present husband to adopt Eileen has been filed but a final judgment of adoption has not been entered. Additionally, Steven’s parental rights have not been terminated, it has only been determined that the adoption can proceed without his consent. His obligation to support the minor child, Eileen, does not terminate until and unless she is adopted, or his parental rights are terminated. Neither has occurred and he is therefore still under the obligation to pay the two hundred and twelve dollars ($212.00) a month child support.” The court set the arrears at $25,658.60 through March 1999.