California Court Rules that Child Support Order Was Nullified by Parents' Subsequent Marriage to Each Other
A child support order between unmarried parents was nullified when the parents married each other, according to the California Court of Appeals for the Fourth Appellate District. In Re Marriage of Wilson and Bodine involved a challenge by a father to the state's assertion that he owed child support under an order, entered before the parents were married, for a period of time after the parties subsequently separated and divorced. The appeals court held that the parties' marriage to each other nullified the prior order, and remanded the case to the trial court to calculate the amount of pre-marriage child support owed.
The mother and father had a son in August 2001. They were not married to one another at the time. After the father filed a voluntary declaration of paternity, the mother obtained a court order under the same cause number for the father to pay $1,600 per month in child support in July 2002. The court further granted the mother full custody and gave reasonable visitation rights to the father. A daughter was born to the two parents in June 2003.
The mother and father married each other on December 31, 2005, and lived together for about two years. They separated on January 30, 2008. The court bifurcated the divorce matter into a proceeding on the status of the marriage and a matter on child custody and support. It issued an order of dissolution of the marriage on January 30, 2009, reserving the issues pertaining to the children. The parents shared custody of the two children by agreement since their separation.