Nutt
El Dorado County Department of Child Support Services v. Nutt
Opinion
Opinion
Morrison, J.
The El Dorado County Department of Child Support Services (County) filed a complaint for child support against incarcerated prisoner Jerry B. Nutt. The court found Nutt owed a duty of support, but found he presently has no income and so reserved jurisdiction on the amount of support.
On appeal, Nutt asks us to find him “exempt” from all current and future support obligations. We decline and shall affirm the judgment.
BACKGROUND
At all times relevant here, Nutt was incarcerated at Mule Creek State Prison. He received a 50-year-to-life sentence in 1997 under the three strikes law, and he will be eligible for parole in 2045.
In May 2006, the County filed a complaint against Nutt to establish paternity and child support, when the minor child was 12 years old. It did not seek child support in any particular amount: its proposed judgment regarding Nutt’s parental obligations “reserved” the amount of monthly support.
Nutt submitted a declaration in which he averred he is “unable to earn, nor does the prison system at my current incarceration offer me the availability of a job, in which I can earn minimum wage or otherwise pay for support of’ the minor.