In Wilson v. Bodine the father asked the court to nullify a child support order that had been established before the parties were married.
FACTUAL BACKGROUND LEADING TO THE DISSOLUTION
The parties to the divorce had a child together before they were married. At that time, the father was declared the biological father based upon a voluntary declaration of paternity and a support order was issued. A couple years later, the parties moved into the same residence and then got married. The marriage lasted approximately three years before the wife filed for a divorce. The father requested the court to order new child support orders. The mother argued that the old child support orders entered before the marriage were still valid and should be enforced.
The Orange County judge determined that the original child support orders entered after the declaration of paternity were valid and enforceable after the marriage of the parties. The father appealed the decision.
APPEAL OF THE DISSOLUTION ORDER
The Fourth Appellate District Court agreed with the father and held that when parents of a minor child who is born out of wedlock marry, any support orders which were issued are nullified. If those parents later obtain a divorce, then a new order for support should be issued.
If you are in Orange County and need a family law lawyer to address child support issues in the dissolution of a marriage or any other divorce matter such as legal separation, annulment, spousal support and/or property division, contact our law office located in Laguna Hills. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
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Please note that the posting of this information does not constitute legal advice for a divorce in Orange County. Facts and circumstances of the dissolution proceedings may alter the required action and analysis in any given family law case.