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.