Parker v. Parker (In re Albert)

223 Cal. Rptr. 3d 344, 14 Cal. App. 5th 681
CourtCalifornia Court of Appeal, 5th District
DecidedAugust 22, 2017
DocketE064236
StatusPublished
Cited by4 cases

This text of 223 Cal. Rptr. 3d 344 (Parker v. Parker (In re Albert)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parker v. Parker (In re Albert), 223 Cal. Rptr. 3d 344, 14 Cal. App. 5th 681 (Cal. Ct. App. 2017).

Opinion

MILLER, Acting P.J.

*683In 1990, the family court entered a judgment of dissolution of marriage for appellant Matthew Albert Parker and respondent Mary Katherine Parker. Mary1 and Matthew shared two children. In 2014, Matthew sought an order (1) requiring respondent San Bernardino County Department of Child Support Services (the Department) to prepare an accounting of the child support arrears owed by Matthew; and (2) discharging the child support arrears for the period in which the children resided with Matthew ( Trainotti2 credits). The family court denied Matthew's requested order.

Matthew raises two issues on appeal. First, Matthew contends res judicata and collateral estoppel do not bar an award of Trainotti credits. Second, Matthew asserts the family court erred by not applying the doctrine of laches to discharge the arrears owed to the Department. We affirm the judgment.

A. FACTUAL AND PROCEDURAL HISTORY

1. 1990 DISSOLUTION

Mary and Matthew's two children were born in 1987 and 1988. In 1990, the family court entered an order for the dissolution of Mary and Matthew's marriage and ordered Mary and Matthew to share joint legal custody of the children. The court awarded Mary primary physical custody of the children. The court ordered that Matthew would have physical custody of the children "during reasonable times and for reasonable periods," which included three weekends per month. The exchange of the children for visitation was to occur at a public parking area adjacent to the San Bernardino County Sheriff's *684Station. Matthew was ordered to pay child support in the amount of $137 per child, per month-a total of $274 per month. *346The family court ordered Mary and Matthew (1) not to remove the children "from the seven southernmost counties of the State of California without prior written consent of the other party, or prior order of the court"; and (2) to notify one another in writing, within 72 hours, of any changes to his/her address and/or telephone number.

2. 2007 REQUEST FOR JUDICIAL DETERMINATION OF ARREARAGES

In August 2007, Matthew filed a request for a judicial determination of arrearages. Matthew asserted the Department sought $83,629.58 in child support arrears from Matthew. Matthew declared the children resided with him from February 1993 until the children reached age 18, and he received no child support from Mary. Matthew asserted that because he was the sole provider for the children for the majority of their lives, the family court should find Matthew did not owe child support arrears. Matthew attached a variety of documents to his request, such as the children's school and medical records

The Department responded to Matthew's request. The Department conceded that, pursuant to Trainotti , Matthew would not owe child support for the period in which the children were residing with Matthew.

In October 2007, the family court held a hearing on Matthew's request. At the hearing, Matthew explained that he took custody of the children after Mary called Matthew's parents and said Matthew could take the children. Mary and the children were residing in Texas. Matthew was residing in Oregon. Matthew borrowed money from his parents for airfare. Matthew flew to Texas and retrieved the children. Matthew told Mary he was taking the children to Oregon. Matthew and Mary did not discuss the cost of airfare. Matthew and the children flew to Oregon. The children resided with Matthew from that point onward.

Mary explained that, when she moved to Texas, she did not know Matthew's contact information. Mary went to Matthew's house in California, but he had moved. When Mary was unpacking in Texas, she found Matthew's parents' contact information and telephoned them to provide them with her new contact information in Texas. When Matthew arrived in Texas to take the children to Oregon, Mary believed they were going for a month-long visit to Matthew's parents' home in Canada. Mary did not know Matthew lived in Oregon. Mary permitted Matthew to take the children on the condition the children would return in early March.

*685When Matthew did not return the children in March, Mary contacted Matthew's parents. Matthew's parents told Mary "not to call there anymore." Mary "filed a Foreign Judgment in August of [19]94." However, because Mary did not know where Matthew was located, she was unable to pursue any further action.

Matthew responded that, when he took the children, it was for a visit of undetermined length. Matthew explained that, at some point, Mary telephoned Matthew in Oregon and asked him if he planned to return the children to Texas. Matthew told Mary he borrowed money for the cost of traveling to Texas and then back to Oregon when he retrieved the children, so Matthew could not afford to return the children to Texas. Matthew offered to return the children to Texas if Mary would contribute to the cost of transportation. Mary never contacted Matthew again.

Mary said she did not recall having a telephone conversation with Matthew after Matthew took the children. Mary said she *347did not contact the court about regaining physical custody of the children because she had tried to work with other agencies. Mary explained she had contacted "America's Most Wanted" about the case.

The family court said, "[T]he pleading is one to Determine Arrears, but I see it's more in the nature of Trainotti Credits. So that's how I'm going to address the ruling." The family court found Matthew "extorted these children and kept them from [Mary] even though she had been the parent granted custody. He conditioned the return on her paying for the travel expenses which was not something that was discussed nor is a condition of the judgment." The court said, "For those reasons, this motion which is being treated as a Motion for Trainotti Credit is denied. There will be no Trainotti Credits in this matter." The family court explained Matthew "wrongfully kept these children from [Mary]," and Matthew was required to pay the child support arrears.

3. 2014 REQUEST FOR TRAINOTTI CREDITS

In December 2014, Matthew filed a request for an order (1) requiring the Department to prepare an accounting of the child support arrears owed by Matthew; and (2) awarding Matthew Trainotti credits. In a declaration attached to the request, Matthew asserted Mary was dishonest at the 2007 hearing. Matthew declared he obtained evidence to support a finding Mary knew, as early as 1991, that Matthew resided in Oregon. Matthew attached envelopes addressed to Matthew in Oregon with postmarks of 1991, 1992, and 1993. The envelopes either lacked a return address or gave Matthew's address as the return address. Matthew also attached letters, written by *686"Kathi." Matthew declared the letters were from Mary. One letter is dated "December 27, 199"-the final digit is not visible.

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Cite This Page — Counsel Stack

Bluebook (online)
223 Cal. Rptr. 3d 344, 14 Cal. App. 5th 681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-parker-in-re-albert-calctapp5d-2017.