In Re Marriage of Shore

Support, Inc., the assignee of petitioner Mary Shore, appeals from the trial court’s order quashing a writ of execution and denying its motion to censure the district attorney and remove him from the action. The relevant facts leading to the dispute may be summarized as follows:

On August 13, 1970, an interlocutory decree was granted dissolving the marriage between Mary Shore (Mary) and respondent, Donald E. Shore. Respondent was ordered to pay $150 per month child support and $150 per month spousal support for three years. Shortly after the rendition of the decree, Mary applied for and received payments ranging from $20 to $237 per month under aid to families with dependent children (AFDC). In an effort to secure reimbursement of the welfare aid thus paid, the court repeatedly ordered that the support payments by respondent be made to the Santa Clara County Adult Probation Department (County).

The record is uncontradicted that for the approximately five- and-a-half-year period extending from August 1970 through January 1976, Mary had received a total of $10,075.61 AFDC aid, of which $6,239.91 remained unreimbursed to the County. Nevertheless, after going off AFDC in…