IN RE MARRIAGE OF McCANN

Docket No. A062856.

27 Cal.App.4th 102 (1994)

32 Cal. Rptr.2d 639

In re the Marriage of LESLIE and FRANK D. McCANN. LESLIE McCANN, Plaintiff and Appellant, v. FRANK D. McCANN, Defendant and Respondent.

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

July 11, 1994.


Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, and Mary Roth, Deputy Attorney General, for Plaintiff and Appellant.

Gerald D. Connor for Defendant and Respondent.


OPINION

KLINE, P.J.

Introduction

The district attorney appeals from the grant of a motion to set aside an ex parte order for child support enforcement. The question presented is whether a child support order terminates by operation of law upon the death of the custodial parent. We hold that the order does not automatically terminate when the custodial parent dies. Even if the noncustodial parent assumes custody...

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