Marriage of Khera & Sameer CA5 (unmodified opinion
A custodial parent filed a motion to enforce child support arrearages from 2003 through 2012. The trial court denied the motion, stating there was neither legal nor factual support for the requested relief. Among other things, the court stated the custodial parent failed to (1) identify the specific underlying orders giving rise to the alleged arrears, and (2) provide documentation of amounts actually paid and the specific amounts of arrears claimed.
A threshold legal question presented is the allocation of the burden of proof. We conclude the custodial parent had the burden of proving which child support orders were operative during the period of claimed arrearages, the amount of fixed child support payments received, the amount of “Ostler-Smith” child support payments received, and when the payments were received.
Comments on Marriage of Khera & Sameer CA5 (unmodified opinion