Bouchard

Appellant County of San Diego (County) on behalf of Barbara A. Bouchard appeals the court’s denial of its request for a wage assignment pursuant to Civil Code section 4701, subdivision (/).

Factual and Procedural Background

Barbara and Richard Bouchard were married in 1968 and divorced in 1977. The interlocutory judgment of dissolution of marriage required Richard to pay $100 per month for the support of the couple’s minor child. When Barbara began receiving aid to families with dependent children (AFDC), County filed an order to show cause re modification of child support. After hearing, the court found Richard’s net monthly income was $1,498 and ordered him to pay $269 per month for child support to the San Diego County Department of Revenue and Recovery. County asked the court to make the child support payable by an assignment of Richard’s wages under section 4701, subdivision (/). The court denied County’s request ruling section 4701, subdivision (/) impermissibly abrogates the discretion given to the court by section 4701, subdivisions (a) and (b).

Discussion

County contends the court erred in ruling section 4701, subdivision (/) repeals or otherwise unlawfully…