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IN RE THE MARRIAGE OF SMITH

Docket No. A040450.

209 Cal.App.3d 196 (1989)

257 Cal. Rptr. 47

In re the Marriage of JOYCE MARIE and ROY LEE SMITH. JOYCE MARIE SMITH, Respondent, v. ROY LEE SMITH, Appellant.

Court of Appeals of California, First District, Division Two.

March 31, 1989.

Attorney(s) appearing for the Case

COUNSEL

Morrison, James & McGill and H. Nathan James for Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Laurence K. Sullivan and Josanna Berkow, Deputy Attorneys General, for Respondent.

OPINION

PETERSON, J.

This appeal presents the following issue: Where a former wife receiving public assistance for support of her children assigns to the paying county all her rights to accrued and court ordered child support payments from her former husband, may his defense, that she is estopped to collect child support from him for the period prior to that assignment, also be asserted against the county? We will answer this...

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