Danielle Brown v. Lewis Allen

Summary

The California Court of Appeal holds that parents may not contractually waive or forgive past-due child support arrearages even after the child has reached the age of majority and no current support order remains. The court affirms denial of Lewis Allen’s request to enforce an alleged accord and satisfaction, finding no bona fide dispute concerning the arrearages and no final enforceable agreement. The court also rejects waiver and equitable estoppel defenses.

Holdings

1. Parents are precluded from contractually waiving or forgiving past-due child support arrearages even after the child has reached the age of majority and there is no longer a current support order in place.
2. Allen failed to establish an enforceable accord and satisfaction because he did not prove a bona fide dispute concerning the amount of arrearages.
3. The parties did not reach a final, enforceable agreement concerning the amount of arrearages or a release of the remaining arrearages.
4. Brown did not waive her right to collect the arrearages and Allen failed to establish equitable estoppel.

Questions Presented

1. Whether the parties formed an enforceable accord and satisfaction resolving Allen's child support and family support arrearages.
2. Whether Family Code section 3651, subdivision (c)(1), prohibited the parties from contractually waiving or forgiving past-due child support arrearages after the children had reached the age of majority and no current support order remained.
3. Whether Brown waived her right to collect arrearages or was equitably estopped from collecting more than $272,500.

Disposition

affirmed