In Re the Marriage of Dade

Respondent moved to recuse the district attorney from representing appellant in child support modification proceedings. The trial court granted respondent's motion, found parts of The Agnos Child Support Standards Act of 1984 unconstitutional, and directed the district attorney's office to pay respondent's attorney's fees incurred to bring the recusal motion.

The orders of the trial court are reversed.

The marriage of respondent Robert E. Dade, Jr., and appellant Barbara A. Dade Sciutto was dissolved in 1978. At that time, they entered into a marital settlement agreement which provided that appellant would have custody of the couple's two children, Robert (born August 19, 1970) and Bryanne Elizabeth (born June 11, 1974), and that respondent would pay $200 per month per child for their support.

On August 20, 1987, appellant asked the Contra Costa County District Attorney to assist her in obtaining modification of the child support payments. In a letter to the district attorney, she stated respondent had voluntarily increased his monthly payment to $300 per month per child in 1984, but she claimed that amount was no longer adequate to meet the children's…