In Re Marriage of Bardzik

This family law appeal arising out of a proceeding to modify child support offers two highly unusual facts: First, the mother was able to retire from her job as a deputy sheriff after 20 years service at the age of 42, while still young enough to have two teenage boys.

That doesn't happen often. Indeed, we know of no other case involving "early" retirement in a child support context. [1]

Second, the existing order that was the object of the modification proceeding—that is, the status quo going into the modification proceeding—involved no existing obligation on the part of either parent to pay child support. It was a zero-zero order.

The zero-zero order is unusual too. The reason was that in 2000, when the last operative child support order was made, both parents were working as deputy sheriffs, both made about the same amount of money, and both agreed to share custody of the two boys 50-50.

The case also requires us to confront an anomalous result at the trial court level: The modification proceeding resulted in a change of custody of one of the boys, an adopted "special needs child," to the father, with 50-50 custody remaining for the other boy. That is, the…

I. Summary

This family law appeal arising out of a proceeding to modify child support offers two highly unusual facts: First, the mother was able to retire from her *1294 job as a deputy sheriff after 20 years service at the age of 42, while still young enough to have two teenage boys.

That doesn’t happen often. Indeed, we know of no other case involving “early” retirement in a child support context.

Second, the existing order that was the object of the modification proceeding—that is, the status quo going into the modification proceeding—involved no existing obligation on the part of either parent to pay child support. It was a zero-zero order.

The zero-zero order is unusual too. The reason was that in 2000, when the last operative child support order was made, both parents were working as deputy sheriffs, both made about the same amount of money, and both agreed to share custody of the two boys 50-50.

The case also requires us to confront an anomalous result at the trial court level: The modification proceeding resulted in a change of custody of one of the boys, an adopted “special needs child,” to the father, with 50-50 custody remaining for the other boy. That…

I concur.

But because I was a member of the panel that decided In re Marriage of Padilla (1995) 38, Cal.App.4th 1212 [ 45 Cal.Rptr.2d 555 ], I need to explain my willingness to accept the criticism of that case contained in our opinion.

There is some benefit to be derived from experience and one thing I have learned during my 13 years on the court is the danger posed by categorical statements injudicial opinions. It is our job to decide cases. No more, no less. The statements we made in Padilla criticized in our opinion went beyond that mandate.

*1314 I am still of the opinion that the parents’ duty to support their children is a paramount duty. But this does not mean there never are circumstances where other considerations may also come into play. A most obvious example is where a parent must weigh a reduced income against a need to spend more time with his or her family. Ultimately it is the job of the trial court to weigh all the needs of the children, not only their economic needs, against the ability of the parents to fill these needs.

A petition for a rehearing was denied August 22, 2008, and the opinion was modified to read as printed above.