County of Orange v. Smith

Good Law
117 Cal. Rptr. 2d 336·2002 Cal. App. LEXIS 1382·2002 Daily Journal DAR 2691·96 Cal. App. 4th 955·2002 Cal. Daily Op. Serv. 2192
Court of Appeal of CaliforniaFebruary 4, 2002G026359California3,293 words

Opinion

Opinion

O'Leary, J.

Scott A. Smith filed this appeal after Commissioner Richard G. Yogi ordered him to pay $300 per month child support, plus $42,381.74 in arrears. He maintains he was entitled to have the ruling reviewed de novo by a superior court judge and the commissioner made several mistakes. Finding none of his contentions have merit, we affirm.

I

In 1984, Smith agreed to sign a stipulation stating: (1) one-year-old Bridget was his daughter; (2) he would pay $300 per month in child support; and (3) payments would be made through the Riverside County Probation Department. The stipulation did not indicate whether Smith was represented by counsel. Smith signed the stipulation, as did a deputy district attorney, a family support officer and the court.

For the next year, Smith made all the scheduled payments. In 1985, Bridget’s mother told Smith she was going to get married. They dispute what happened next. Smith claims that Bridget’s mother, Denise Theodoropolous (Denise) told him she would contact the district attorney to stop enforcement of the child support order, if he stopped visiting her. He chose to stop all contact and child support. Denise maintains she merely told Smith it…

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