In re Marriage of Peet

In In re Marriage of Peet (1978) 84 Cal.App.3d 974, the father was ordered to pay support to the mother in 1959. For a period of more than 10 nonconsecutive years, the father overpaid child support. However, from August 1971 to April 1975 the father did not pay support. The mother obtained a writ of execution for the amount of unpaid child. On the father's motion to quash the writ, the trial court credited him for the overpayment, thus reducing the net arrearage. (Peet, supra, 84 Cal.App.3d at pp. 976-977.) The Court of Appeal affirmed. It held that whether a supporting spouse is entitled to a credit is a matter for the sound discretion of the trial court, to be determined based on equitable factors. The court found that the equities favored giving the credit to the father because (1) the father actually paid the extra support, (2) the failure to pay support later, when it was due, did not cause a hardship for the mother, and (3) the support obligation had ended before the mother sought the arrearages. (Id. at pp. 976, 980-981.)