Sierra
County of San Diego v. Sierra
Opinion
Opinion
Huffman, J.
JThe County of San Diego (County), represented by the district attorney’s office, appeals from an order of the trial court modifying the amount of child support Ricardo Esparza Sierra must pay monthly for the support of his minor son. County contends the court abused its discretion in granting Sierra a $900 per month hardship exemption and in modifying the support order to an amount below the statutory mandatory minimum established by the Agnos Child Support Standards Act of 1984 (Agnos Act). (Civ. Code, § 4720 et seq.) We agree and reverse.
I
Factual and Procedural Background
Sierra’s minor child was born January 26, 1981. In June of 1982, Sierra entered into a stipulated order with the County setting child support for his child at $40 per month. At that time the child was receiving support from the County in the form of aid to families with dependent children (AFDC).
Because the child continued to receive AFDC, was older and had greater needs, in January 1988 the County filed a motion to modify the 1982 child support order to increase the amount to $311 per month as calculated under the Agnos Act. A hearing for the motion was set for March 9, 1988.