Lowery

Yolo County Department of Child Support Services v. Lowery

Good Law
176 Cal. App. 4th 1243·2009 Cal. App. LEXIS 1398·98 Cal. Rptr. 3d 490
Court of Appeal of CaliforniaAugust 21, 2009C059892California1,331 words

Opinion

Opinion

Cantil-Sakauye, J.

Welfare and Institutions Code section 903 provides a parent is liable for the support of his minor child while the minor is placed or detained pursuant to an order of the juvenile court. Subdivision (e) provides an exception where the minor is placed or detained because he committed a crime against the person liable for support. The issue in this case is whether that exception applies to excuse a father from support obligations where his minor son is placed in foster care because he molested the father’s minor daughters, the minor’s stepsisters. Based on the plain meaning of the words of section 903, subdivision (e), we conclude the answer is no and affirm.

FACTS

The minor M. was bom in January 1993. Based on his admission, Terrell Lowery was found to be the minor’s father. Lowery was ordered to pay $475 a month in child support.

In April 2005, the minor went to live with Lowery. Lowery and the minor’s mother stipulated Lowery owed no child support and Lowery requested no child support. The minor molested Lowery’s daughters and subsequently pled no contest to lewd and lascivious acts upon a minor. The minor was removed from the home and placed in foster care.

The Yolo…

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