In re Marriage of Comer,
927 P.2d 25 (1996).


Facts: Donna Jean Comer (P) sought current child support and arrearages against Gerald Lee Comer (D) in an action in Arizona. Arizona transferred the petition under URESA to California, where D lived. D sought to raise a concealment defense to the arrearages owed during the period he claimed that the children had been concealed. Sometime, during this period of claimed concealment, P had received public assistance in Gila County, Arizona and had assigned her rights to receive support to the county during this period of assistance. The trial court allowed the raising of the concealment defense, found concealment, and denied P's petition as to arrearages owed during the period of concealment as to both P and her assignee, Gila County, Arizona. The court of appeals affirmed. P appeals.

Issue: Whether concealment is still a defense if the children are still of a minor age and in need of the assistance?

Rule: Concealment is not a defense.

Holding: No. No. Judgment reversed and remanded.
The court held that the mother's concealment of herself and her children did not provide a basis for an estoppel defense to her claim for child support arrearages, since the concealment ended before the children reached the age of majority. The single most important consideration in an action for support is the need of the children. Furthermore, because of this mother's lengthy period of dependence upon public assistance payments, there was likely an accumulation of unmet needs. The court further held that the trial court erred when it found that the mother's concealment of herself and her children provided a basis for an estoppel defense to the county's reimbursement claim. Estoppel will not be raised against a county when to do so would nullify a strong rule of policy, adopted for the benefit of the public.


Analysis: As minors, they might benefit from arrearages. California law provides that the needs of the child is the single most important consideration in a child support action. This case is controlled by the cases that hold that the denial of custody and visitation does not affect a parent's obligation to provide support for the child. D is responsible for support during the period of concealment. URESA permits state entities that provide public assistance the same right to initiate an action as the individual assignor would have for securing