Garnett

J. — Family Code section 4071.5 provides that if welfare payments are being made for a child, a parent’s child support obligation may not be reduced by the discretionary hardship deductions that would otherwise be available to the parent. In this case the trial court refused to apply section 4071.5, finding it unconstitutional on equal protection grounds. We reverse. The wisdom and fairness of the statute are debatable, but that debate belongs in the Legislature. Section 4071.5 is rationally related to the legitimate state purpose of recouping welfare payments from parents who are not meeting their support obligations, and thus does not violate equal protection.

Background

The San Francisco District Attorney filed a motion to modify the child support owed by respondent Laurent M. Garnett for his daughter Trevisa, who lived with her maternal grandmother. The district attorney alleged that Garnett’s income had substantially increased since the time of a previous order that reserved the issue of child support. Garnett’s response acknowledged a monthly gross income of $1,473, and requested a child support order in the guideline amount with a hardship deduction for his full…