Wilson

Plaintiff County of Santa Clara (the County) challenges the superior court’s order eliminating four months of child support arrears that accrued prior to defendant Omar Wilson filing a modification motion. The County contends that the court lacked the power to forgive accrued child support arrears. Wilson claims that the court had the equitable power to do so. We conclude that the court lacked the equitable power to forgive accrued child support arrears in violation of Family Code section 3651, subdivision (c) in response to Wilson’s modification motion and reverse the court’s order.

I. Background

In September 1998, the County filed an action against Wilson seeking an order requiring him to pay $381 per month in child support for his nine-year-old child. Service of the summons and complaint on Wilson was not accomplished until October 2000. In April 2001, the County obtained a default judgment against Wilson requiring him to pay $381 per month in child support beginning in October 1998. Wilson was served with the judgment in June 2001.

In April 2002, Wilson filed a motion seeking a modification of the child support judgment. His motion was not accompanied by an income…