County of Orange v. Rosales

In County of Orange v. Rosales (2002) 99 Cal.App.4th 1214, the county terminated the payor parent's parental rights in the mid-1990's. Under Family Code section 3601, subdivision (a), a pendente lite child support order only "continues in effect" until terminated by operation of law under several enumerated Family Code sections, among which is section 3900. In Rosales, we held that the termination of parental rights meant that there was also a termination of the pendente lite order by operation of law based on Family Code section 3900. (See Rosales, supra, 97 Cal.App.4th at pp. 1219-1220.) And without a pendente lite child support order to "prop up the case against dismissal pursuant to the five-year rule," dismissal was warranted. ( Id. at p. 1221.) The Court thus affirmed the trial court's dismissal order in that case.