What evidence supports a finding that appellant intentionally relinquished the right to a third party in order to avoid paying alimony?

California, United States of America


The following excerpt is from Marriage of Paboojian, In re, 189 Cal.App.3d 1434, 235 Cal.Rptr. 65 (Cal. App. 1987):

The trial court's conclusion that appellant intentionally relinquished this right is supported by respondent's testimony that appellant told him to "take care of the children and forget the alimony." Contrary to appellant's position, this testimony was not elicited by a leading question. Appellant denied making such a statement; however, it was within the province of the trial court to resolve this conflict. (Potts v. Superior Court (1964) 229 Cal.App.2d 692, 40 Cal.Rptr. 521.)

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