Montana, Department of Social & Rehabilitation Services ex rel. Riley v. Lopez

OPINION

In this appeal, we are asked to decide whether a custodial parent’s waiver of child support payments bars a state agency from obtaining reimbursement for public assistance paid as child support.

Respondent and Betty Riley were married on March 24, 1973, in the State of Montana. The couple have two children: Maria, born July 24, 1972, and Francisco, born March 4, 1976. In 1978, the couple moved to Idaho. Soon after the move, respondent returned home from work to discover Riley had left, taking the furniture and children. Respondent learned from relatives in Montana that Riley had…