In Re Marriage of De Prieto

When an obligor under a child support order is delinquent in payment, Family Code section 4722 allows the obligee to file and serve a notice of delinquency and provides for a 6 percent monthly penalty to accrue for up to 12 months if the arrearages are not paid. Section 4726 allows the obligor to request that penalties not be imposed if he or she files a timely motion after service of the notice of delinquency.

Rosemary Corbin challenges the trial court’s discretionary reduction of penalties imposed on her former husband, Jaime De Prieto, pursuant to sections 4722 and 4726. Corbin contends the trial court erred in: (1) granting De Prieto relief from a penalty judgment under Code of Civil Procedure section 473’s mandatory attorney fault provision; (2) finding a section 4726 motion was timely; and (3) reducing the penalty below the 6 percent monthly statutory amount. We hold these rulings were not in error, and uphold the judgment reducing the penalty.

Factual and Procedural Background

After dissolution of their marriage, Corbin obtained a 1996 court order which established child support arrearages of $80,377.73, plus interest and other items. The order included a wage…