CALIFORNIA FAMILY LAW
...Child Support
......Visitation Frustration/Concealment
.........Concealment
............Support Due
7 Cards On This Topic:
  • Concealment, ending when child a minor, is no defense to c/s arrearages action. County not estopped from seeking arrearages or reimbursement as assignee.
  • Statutes do not abolish defense of estoppel if there has been active concealment of child by custodial parent and reasonably diligent efforts to locate child and custodial parent.
  • Past concealment is not a defense to payment of arrears for a child who is still a minor because the overdue support will still benefit the child.
  • H failed to demonstrate W was estopped from enforcing German judgment; there was no concealment under Comer.
  • Defense of equitable estoppel not available when concealment ends during child’s minority, regardless of when the custodial parent commences action to collect the arrearage.
  • If noncustodial parent ordered to pay c/s through court, then active concealment of child does not act as estoppel, nor does failure of DA to assist in locating child.
  • H precluded by res judicata from litigating concealment defense a year and a half after arrears set in stipulated judgment.