Marriage of V.B. and R.B. CA4/1

Filed 3/29/24 Marriage of V.B. and R.B. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re the Marriage of V.B. and R.B. D081161 V.B.,

Appellant, (Super. Ct. No. D433636)

v.

R.B.,

Respondent.

APPEAL from an order of the Superior Court of San Diego County, Adam Wertheimer, Commissioner. Affirmed. V.B., in pro. per., for Appellant. No appearance for Respondent.

V.B. (mother) appeals the postjudgment order granting R.B. (father) equitable offsets against child support arrears for periods in which he took physical custody of the parties’ minor children. V.B. contends a late filing by R.B. violated her due process rights, and R.B. should not have been granted

offsets because he abducted the children and failed to support them. We affirm. BACKGROUND V.B. and R.B. had two children, a daughter born in 1989 and a son born in 1996, before they divorced in 1997. V.B. was granted physical custody of the children, and R.B. was granted visitation and ordered to pay monthly child support. R.B. defaulted on the support payments, and arrears remained after the children had reached the age of majority. On November 12, 2020, R.B. filed a request for an order determining the arrears and granting him equitable offsets for periods during which he had physical custody of the children. In opposition to the request, V.B. filed two declarations, in which she disputed the dates R.B. claimed he had custody and asserted he was not entitled to offsets because he abducted the children and failed to support them. R.B.’s request came on for an evidentiary hearing on April 22, 2022. The family court granted the motion of R.B.’s counsel to be relieved as counsel and continued the hearing to August 5. V.B. stated she had no objection to the continuance. The court ordered any additional documents filed by June 10 and any responses thereto by June 17. R.B. filed an affidavit on July 22. The family court held an evidentiary hearing on R.B.’s request for equitable offsets on August 5, 2022. Both parties appeared from remote locations and were sworn as witnesses. R.B. testified he had custody of both children in Texas from July 1998 through August 1999. V.B. testified the children were supposed to be in Texas only for the summer, but after R.B.’s sister enrolled the daughter in school there, V.B. agreed to let them stay.