City and County of San Francisco v. Miller

We publish our opinion in this case to call attention to the needless use of judicial resources to address the meritless arguments raised in this matter. Despite the Legislature’s express pronouncement in Family Code section 4057 that the trial court has discretion to reduce the amount of a child support order below the presumptive amount set forth in section 4055, The City and County of San Francisco (County) contends that it does not. Today, this court is faced with an increasing case load and scarce judicial resources. In order to preserve our limited resources, we cannot countenance the filing of needless appeals that unnecessarily burden the appellate system and the taxpayers of this state. This misuse of resources is particularly acute here where respondent necessitated appointed counsel in order to respond to the appeal. We ask that in the future the County and the Attorney General give serious consideration to determine whether an appeal of an order modifying the amount of child support is merited before filing the notice of appeal.

Factual Background

In 1987, respondent Raye C. Miller was ordered to pay $67.50 per month in child support for each of his two…