This guest post is provided by Rebecca Kelly, former Family Law student at Regent Law
“Was it worth it?” A question many people will be asked multiple times in their lives. For Toni Anderson, 73, I am sure she would say no amount of money is worth having your husband abandon you to raise your daughter alone.
Not only did her husband, Donald Lenhart, abandon his family physically, but financially as well. They did not know to where he had relocated, although later it was found he no longer resided in the country, but had left them in California and moved to Canada with his girlfriend.
Ms. Anderson struggled to provide for her daughter during her childhood as she was working multiple jobs and raising her daughter alone. The finances were tight, and Ms. Anderson struggled to make ends meet, even to the extent of accepting government assistance.
Unfortunately for Mr. Lenhart, California does not have a code that contains a statute of limitations for back child support. The abandoned parent has the right to collect the funds due until all support has been collected. “The State of California allows for interest to be charged on missed support payments at a rate of 10% per annum. Interest accrues from date installment is due if payable in installments, or from date of entry of judgment. (Code of Civil Procedure §685.010, 685.020, and 685.030) California also charges interest on retroactive child support at a statutory rate of 10% per annum. Interest accrues from date installment is due if payable in installments, or from date of entry of judgment. (Code of Civil Procedure §685.010, 685.020, and 685.030)”[1]
The principal amount Mr. Lenhart owed Ms. Anderson totaled more than $160,000 with interest and penalties combined. The amount due, had he paid when owed, would have been $35,000. Mr. Lenhart has two years to pay off this full balance before other penalties and measures kick in.
Even fifty years after the incident, and $150,000 due to her, Ms. Anderson would agree that the loss of a husband and a father for her daughter was not worth it.
[1] “California Child Support: California Child Support Enforcement.” Support Collectors, www.supportcollectors.com/resources/california-laws-and-resources/.
To learn more about how father absence affects children see Lynne Marie Kohm and Ashley Michelle Williams, The Tragic Tapestry of Father Absence and National Strength, 13 Liberty U. L. Rev. 1 (2018), https://ssrn.com/abstract=3326881; and C.S. Lewis and the Father Wound, https://ssrn.com/abstract=3419099 (2018).
[1] “California Child Support: California Child Support Enforcement.” Support Collectors, www.supportcollectors.com/resources/california-laws-and-resources/.
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