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Padilla v. Montano9/29/1993
Opinion
Father's motion for rehearing is denied. However, on the Court's own motion, the opinion filed on July 21, 1993, is hereby withdrawn and the following substituted in its place.
Mother and Child appeal from the judgment and order which awarded them a portion of the past child support which they requested. On appeal, they raise the following issues: 1) whether the trial court erred in applying the general "catch-all" four-year statute of limitations, NMSA 1978, Section 37-1-4 (Repl.Pamp.1990), to their cause of action for past child support ; 2) whether the trial court's interpretation of the paternity statute, NMSA 1978, Section 40-11-23 (Repl.Pamp.1989), is contrary to public policy and leads to the unjust enrichment of Father; 3) whether it was contrary to law and an abuse of discretion for the trial court to refuse to allow evidence pertaining to Father's wealth in determining what amount of past child support he owed; and 4) whether it was contrary to law and an abuse of discretion for the trial court to refuse to award Mother prejudgment interest. We affirm in part and reverse in part.
FACTS
In 1969, Padilla (Mother) and Montano (Father) met and began a relationship which resulted in Mother becoming pregnant. Shortly thereafter, Mother informed Father of her pregnancy and Father gave her some money. Mother stated the money was for an abortion, but Father stated that he did not believe the unborn child was his and that the money was for her to travel to Colorado.
After the birth of Child, Mother took her to see Father on at least two separate occasions. Also, on at least two occasions, Father sent Child money. However, apparently during all the time Child was growing up, Mother never asked Father for child support .
In 1990, Mother filed a complaint to establish paternity in Father and, once that was established, for past and future child support . Later that same year, an amended complaint was filed, which added Child as a party to the action. Having been born in 1969, Child had reached the age of majority. Father eventually admitted paternity.
During the trial to determine child support , Mother testified that she incurred close to $5,000 in reasonable and necessary birthing, medical, and dental expenses for Child. Apparently, the evidence was undisputed that during Child's minority, Father had substantial income and steadily increased his assets through work and investments. However, the trial court refused to allow evidence of the extent of Father's assets and instead ruled that such evidence was irrelevant to the question of the appropriate amount of support, and that all that was relevant was Father's income.
Mother's expert witness testified that Father's past child support obligations during Child's minority totaled over $62,000 without interest, and over $131,000 with interest. These totals were arrived at by relying on both the pre- and post-1986 child support guidelines. Father's expert witness testified that Father's past child support would have totaled no more than $28,000.
The trial court entered a Conclusion of law providing that the Uniform Parentage Act (the Act), NMSA 1978, Sections 40-11-1 to -23 (Repl.Pamp.1989), was applicable to, and controlling in, this action. The trial court also concluded that the Act distinguished between an action to establish parentage and an action for support.
The trial court further found and concluded that the applicable statute of limitations for determining paternity was three years after th
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