Garcia

Michelle Garcia appeals from a judgment in favor of the County of Yolo (the County) directing that she pay child support under Welfare and Institutions Code section 11350. 1 The judgment awards the County restitution of a portion of the Aid to Families With Dependent Children (AFDC) benefits paid Garcia on behalf of her older son, during a period when he was in foster care. Garcia contends that the court erred because her sole income was AFDC benefits and there was no showing she *1774 shirked her obligation to seek work. She also contends that the court erred because she was the caretaker of her younger son, who was less than three years old, and thus exempt from seeking work under the AFDC statutes.

Both contentions have merit. There is no showing that Garcia failed to seek or accept employment. The AFDC statutes manifest a public policy that a single parent of a very young child be permitted to decline work outside the home.

We will reverse the judgment.

Facts and Procedural Background

Although portions of the trial were not reported, the essential facts are uncontroverted. They were adduced by stipulations of record, exhibits admitted into evidence, or are related…

Concurring and Dissenting.—I concur insofar as we reverse the judgment in this case. I write separately, however, to explain why I believe the resolution of this judgment roll appeal should be based on factual grounds apparent on the face of the court’s statement of decision. I disagree with the majority holding legislative policy limits the trial court’s discretion to apply the earning capacity standard in this case.

California Rules of Court, rule 1274(g)(2) (rule 1274(g)(2)) states: “The court may, in its discretion, consider the earning capacity of a parent in lieu of that parent’s income, consistent with the best interests of the child.” Under a plain reading of the rule, “the best interests of the child” provide the only limitation on the court’s discretion. The trial court was correct in applying the “best interests” test to Rickey M., the child for whom support was sought under Welfare and Institutions Code section 11350. It found “nothing in the record that indicates that it would be to Rickey’s detriment or that it would not be in his best interests, if you will, that Ms. Garcia work.” In an appeal on the judgment roll, the evidence is conclusively presumed to support…

BLEASE, Acting P.J.

Michelle Garcia appeals from a judgment in favor of the County of Yolo (the County) directing that she pay child support under Welfare and Institutions Code section 11350. [1] The judgment awards the County restitution of a portion of the Aid to Families With Dependent Children (AFDC) benefits paid Garcia on behalf of her older son, during a period when he was in foster care. Garcia contends that the court erred because her sole income was AFDC benefits and there was no showing she shirked her obligation to seek work. She also contends that the court erred because she was the caretaker of her younger son, who was less than three years old, and thus exempt from seeking work under the AFDC statutes.

Both contentions have merit. There is no showing that Garcia failed to seek or accept employment. The AFDC statutes manifest a public policy that a single parent of a very young child be permitted to decline work outside the home.

We will reverse the judgment.

Although portions of the trial were not reported, the essential facts are uncontroverted. They were adduced by stipulations of record, exhibits admitted into evidence, or are related in descriptions…