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Does A Child Support Order In A Paternity Case Terminate Upon The Marriage Of the Parents:

Does A Child Support Order In A Paternity Case Terminate Upon The Marriage Of the Parents:

Posted on March 12th, 2013

The short answer is yes.  In the case of Marriage of Wilson & Bodine, (2012) 207 Cal. App. 4th 768, a child support order was previously set through a paternity case when the parties had a child together prior to marriage.  The parties subsequently married.  Therefore, the obligee (parent receiving child support) sought to enforce the years of unpaid child support after the parties’ marriage.

In denying the obligee’s request, the Court of Appeals held that parent’s marriage automatically extinguishes a previous order of child support in a paternity order.