Francis
County of Yolo v. Francis
Opinion
Opinion
Sims, J.
Welfare and Institutions Code section 11350 and Civil Code section 248 allow a county to seek reimbursement from a noncustodial par ent when public assistance is paid to support a child. Section 11350 limits the noncustodial parent’s liability to his or her “reasonable ability to pay” during the period aid was granted to the child. In this case, we conclude an unemployed parent’s reasonable ability to earn income from work may be considered in determining the parent’s “reasonable ability to pay.”
Defendant contends the trial court erred as a matter of law in ordering him to reimburse Yolo County for support paid for his child, because at all times defendant was unemployed and received his sole income from Sacramento County pursuant to a grant for aid to families with dependent children (AFDC). We disagree with defendant’s contention and shall affirm the judgment (order).
Factual and Procedural Background
On March 30, 1982, Yolo County filed a complaint under section 11350 and Civil Code section 248 to enforce defendant’s support obligation as a noncustodial parent. The county sought a determination that defendant is the father of Florence H., a minor. The county also…