Utah Dep’t of Human Servs. ex rel. Parker v. Irizarry

893 P.2d 1107 (Utah Ct. App. 1995) ; Clearinghouse Number: 50769

Description

Mother Equitably Estopped from Seeking Child Support from Father for Period Prior to Paternity and Support Action Filing

Abstract

The Utah Court of Appeals has upheld the trial court’s finding that appellant mother is equitably estopped from seeking past child support from appellee father. After mother discovered that she was pregnant, father contacted her on several occasions and attempted to give her money. On each of these occasions, mother informed father that she did not want anything to do with him. Mother gave birth to twin girls and left father’s name off the children’s birth certificates. Four years later, the state filed an action on mother’s behalf to establish father’s paternity and to fix a child support obligation from when they were born. Father acknowledged his paternity by stipulation. The trial court entered a judgment holding father responsible for ongoing child support. However, the trial court held that mother was equitably estopped from collecting past-due child support from the date of the twins’ birth until the paternity action was filed. The trial court found that (1) mother had made statements and taken actions that led father to conclude that she did not want his support; (2) it was reasonable for father to rely on mother’s statements and actions; and (3) in reliance on mother’s statements and actions, father had married and incurred additional expenses by fathering four more children. Mother appealed. Finding that the trial court had clearly acted within its discretion in denying mother’s request, the appellate court upheld the lower court’s ruling. In a separate, concurring opinion, two of the appellate judges expressed their concerns that the application of equitable estoppel be severely limited in child support cases. Although acknowledging that the result in this case was in keeping with the present state of the law, the concurring judges were troubled that mother could be estopped from receiving support because of statements she made to father while she was pregnant and therefore before a mother even had a right to support.

Additional Information

Attorney Information
Docket Date
1995-05-25 00:00:00+00:00

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