Banuelos

County of Monterey v. Banuelos

Good Law
2000 Cal. App. LEXIS 634·2000 Daily Journal DAR 8917·82 Cal. App. 4th 1299·98 Cal. Rptr. 2d 710
Court of Appeal of CaliforniaJuly 13, 2000H019741, H019750, H019751, H019752California2,593 words

Opinion

Opinion

Premo, J.

For purposes of briefing, oral argument, and decision, we are considering together four appeals by the County of Monterey (County) from orders denying motions for seek-work orders. (Fam. Code, § 4505.) At the root of each case is a judgment or an order for child support arrearages. The trial court reasoned that the underlying debts were ordinary civil obligations rather than ongoing child support obligations. (Crider v. Superior Court (1993) 15 Cal.App.4th 227, 231-232 [ 18 Cal.Rptr.2d 757 ].) Since seek-work orders are enforceable by contempt (Moss v. Superior Court (1998) 17 Cal.4th 396, 420 [ 71 Cal.Rptr.2d 215 , 950 P.2d 59 ]) and the Constitution prohibits imprisonment in a civil action for debt (Cal. Const., art. I, § 10), it concluded that, under the circumstances, the sought-after seek-work orders were indirect attempts to enforce a civil debt by contempt. County contends that the reasoning in Crider has been superceded by statute. We agree and therefore reverse the

In re Marriage of Lopez

A June 1978 interlocutory judgment of dissolution ordered Raymond Lopez to pay child support of $100 per month for each of three children. The children received public…

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