In Re Marriage Of Comer

14 Cal.4th 504 (1996)

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Nature of the Case

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Facts

H and W were married in 1980. The family lived in Florida until 1985 when financial difficulties struck, and they were forced to relocate to Arizona. W and the children moved to Arizona while H completed business. H planned to join the family but instead was served with notice that W has obtained dissolution of their marriage by default judgment in March 1985 in Gila County, Arizona. Custody of the children was awarded to W subject to reasonable visitation by H. H was also ordered to pay child support of $350 per month per child. W did not provide H with her new address and instructed her family not to disclose her whereabouts to him. H failed to make support payments from March 1985 until September 1992. A small amount of money was paid in September and October of 1992. During this 7.5-year period, W got AFDC payments and assigned her rights to support payments to AFDC. Eventually, W sued for back support and H filed an answer of affirmative defense that W had deliberately concealed the whereabouts of the children along with fraud, estoppel, waiver, laches and the statute of limitations as other defenses. The case was heard in 1993. During the 7.5-year time, H had sporadic contact with the children by telephone, and the mother stopped all direct visitation. There is strong evidence that W was using the children to get even for the situation of their marriage. H then testified about his financial straits, and the court eventually ordered him to pay a total of $371 in monthly child support for both children. Arrearages of $4,952 were ordered to be paid down at the rate of $50 per month. The court found that no support arrearages were due from March 1985 until September 1992 because W concealed the whereabouts of the children. This appeal resulted.