Is frustration of visitation a defense to child support?

California, United States of America


The following excerpt is from County of San Joaquin v. Woods, 210 Cal.App.3d 56, 258 Cal.Rptr. 110 (Cal. App. 1989):

We therefore hold that section 11350.1 specifies procedures to be followed in this action brought under section 11475.1. Section 11350.1 plainly states that the issues in actions such as this shall be limited to the questions of paternity and child support. Here defendant made no attempt to litigate the denial of visitation as a defense to his obligation to pay child support. Rather, the parties obtained an order containing a detailed visitation schedule and thereafter litigated compliance with the order apart from any duty of support. We therefore have no occasion to decide whether frustration of visitation is a defense to a child support obligation or, if it is, whether its litigation would be appropriate in an action brought under section 11475.1. (See Code Civ.Proc., 1694; Moffat v. Moffat (1980) 27 Cal.3d 645, 652, 165 Cal.Rptr. 877, 612

Page 113

Other Questions


When a child support agreement is incorporated in the child support order, does the court have a duty to exercise its discretion over child support? (California, United States of America)
Can a non-custodial parent who signed an agreement with the district attorney for child support be ordered to pay child support without the consent of the custodial parent? (California, United States of America)
What is the test for determining child support under the California Child Support Guidelines? (California, United States of America)
Does a non-custodial parent's frustration with his visitation rights prevent him from collecting child support arrearages? (California, United States of America)
How have courts interpreted section 43.1 of the Child Support Guidelines when determining whether a father has to support his unborn child? (California, United States of America)
What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
Does the father of a child have a primary duty to provide financial support to the child? (California, United States of America)
What is the effect of the statute of limitations on a claim brought by a child against her parent for child support? (California, United States of America)
Is a father's failure to pay child support a valid basis for denying access to the child? (California, United States of America)
When will a non-custodial parent's obligation to pay child support be diminished if the custodial parent has interfered with custody or visitation rights? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.