County of San Diego v. GUY C.

The County of San Diego (County) appeals an order of the superior court in its action for reimbursement of aid to families with dependent children (AFDC) moneys paid on behalf of the minor child of respondent Guy C. (Guy) for out-of-home placements pursuant to a judgment of dependency. (Welf. & Inst. Code, §§ 300, 11350.) In making its order for child support, the trial court reviewed the dependency file involving Guy’s minor daughter, Christine (the minor), and ruled that the family history shown by the dependency file qualified as “special circumstances in the particular case” within the meaning of former California Rules of Court, rule 1274(e)(8), which justified departure from the guideline amounts of child support otherwise payable by parents. The trial court thus set the amount of support payable by Guy at $200 per month toward the past support paid beginning February 1990, although the guideline amounts set by then applicable law would have been from $1,140 to $1,173 per month.

On appeal, the County contends this ruling was an abuse of discretion because the minor’s developmental history should not have been considered to be a “special circumstance” to allow…