Child Support Enforcement v. Brenckle

675 N.E.2d 390 (1997)

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Nature of the Case

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Facts

H and W were married in 1964 in California and moved to Alaska in 1971. They had one child in Alaska who was born in 1974. In 1978 they divorced. W retained custody of the son and H agree to pay $500 per month in child support, and that support would terminate when the boy reached majority but that both H and W would share the expenses of his college education. In 1979, H moved to Massachusetts and made no child support payments since then. H claims that this was due to the fact that when he sent support payments, her home address was marked with an unclaimed designation and H assumed that W no longer wanted or needed the support. W did not pursue enforcement until her son prepared to go to college. W filed an action in 1991. H was given notice of the proceedings but did not appear. The court entered judgment against H for $75,000. W then filed under URESA to enforce the order in Massachusetts. H filed an answer to the petition and filed a motion to dismiss. That motion was denied. The judge found H liable for $107,365 (the judgment with interest). UIFSA was passed. H appealed.