Flanders

Defendant, the father of two minor children, appeals from an order of the superior court directing him to pay to the county $3,800 as accrued and unpaid child support and $100 per month for future child support. For the reasons set forth below, we modify the order and affirm it as modified.

*489 I

By a decree of dissolution, entered on July 6, 1965, defendant was ordered to pay to his ex-wife the sum of $50 per month as child support for each of two minor children—a total of $100 per month. Such payments were made for about 18 months and until the ex-wife moved without giving defendant her current address. For some period, defendant attempted to make payments in accordance with the court order but, after the ex-wife moved from Orange County, his letters were returned to him marked “address unknown” or with similar endorsements. It is clear from defendant’s testimony that he was aware of, or could have secured, the ex-wife’s address during at least part of the period in question; it is also clear that his efforts to contact her were effectively prevented by her actions.

The evidence shows that the ex-wife had been in receipt of child support payments from the County of…

I dissent.

The majority upholds the trial court’s order—that respondent Flanders shall pay to petitioner County of Santa Barbara the sum of $3,800 to reimburse the county for public assistance funds expended by it to support Flanders’ two minor children.

Appellant Flanders contends on this appeal that the county as petitioner-plaintiff below failed to introduce any testimony or other evidence to establish that the sum of $3,800 was paid by the county to his ex-wife for the support of his minor children. This contention of *496 Flanders is valid, and requires that the order appealed from be reversed. The majority states that the evidence shows that the ex-wife was in receipt of child support payments from the County of Santa Barbara from August 1, 1971, until September 1974. The record below referred to for support of this statement is testimony from Flanders that he had been in constant communication with Santa Barbara County District Attorney’s office in reference to payments to his wife for the support of the two minor children. The majority quotes this language from the record: “Q. And during that time you have been cognizant of the fact that your wife was in fact receiving…

KINGSLEY, Acting P.J.

Defendant, the father of two minor children, appeals from an order of the superior court directing him to pay to the county $3,800 as accrued and unpaid child support and $100 per month for future child support. For the reasons set forth below, we modify the order and affirm it as modified.

By a decree of dissolution, entered on July 6, 1965, defendant was ordered to pay to his ex-wife the sum of $50 per month as child support for each of two minor children — a total of $100 per month. Such payments were made for about 18 months and until the ex-wife moved without giving defendant her current address. For some period, defendant attempted to make payments in accordance with the court order but, after the ex-wife moved from Orange County, his letters were returned to him marked "address unknown" or with similar endorsements. It is clear from defendant's testimony that he was aware of, or could have secured, the ex-wife's address during at least part of the period in question; it is also clear that his efforts to contact her were effectively prevented by her actions.

The evidence shows that the ex-wife had been in receipt of child support payments…