Barron

Petitioner Ronda Barron, a participant in the public benefits program known as CalWORKs, had an order for child support against respondent Gilbert Martinez, Jr. By April 5, 2005, Martinez owed child support arrearages of $56,527.83. The Santa Clara County Department of Child Support Services (County) substituted itself as payee, named Martinez as obligor, and gave notice that it was appearing in the case to enforce “support arrears only.” (Fam. Code, § 17400.) Thereafter, County filed a motion for an order increasing liquidation of arrearages owed by Martinez and requiring both Martinez and Barron to “seek work.” Barron appeared at the hearing and argued that she could not seek work since she was going to school in connection with her CalWORKs welfare-to-work program. The trial court rejected her argument and ordered Barron to quit school if necessary and seek full-time employment. The court specified that compliance with CalWORKs would not suffice. Barron appeals from that order. We conclude that the order was an abuse of discretion and reverse.

I. Procedural Background

On September 18, 2007, County filed a notice of motion “to increase or add arrears liquidation” and…