Can I limit or restrict my child support obligation as a means to enforce my visitation rights with my child?
The answer to this question rests on whether the child is secreted/hidden until the age of majority or ends before that time. The Court found in IRMO Comer (1996) 14 Cal.4th 504 that a custodial parent's concealment of the child is not a defense to the collection of child support arrears where the concealment ended before the child's 18th birthday. In a related case, IRMO Damico (1994) 7 Cal.4th 673, found that the custodial parent is estopped (may not collect on) from collecting child support arrears (previously accumulated child support payments) that occurred during the period of concealment. The requirement for estoppel is that the custodial parent concealed the child until the age of majority. Do the above facts pertain to you? That is, if the other parent left with your child and you are now facing substantial child support, contact Covina family law attorney Paul Eads today.