Burt

County of Riverside v. Burt

Good Law
2000 Cal. App. LEXIS 200·2000 Daily Journal DAR 1529·78 Cal. App. 4th 28·92 Cal. Rptr. 2d 619·2000 Cal. Daily Op. Serv. 1071
Court of Appeal of CaliforniaFebruary 9, 2000E024134California3,590 words

Opinion

Opinion

Hollenhorst, J.

In this case, we are asked to decide whether the Supreme Court’s decision in County of Santa Clara v. Perry (1998) 18 Cal.4th 435 [ 75 Cal.Rptr.2d 738 , 956 P.2d 1191 ] limits retroactivity of all child support orders, including those brought pursuant to Welfare and Institutions Code former section 11350, now Family Code section 17402, to the date of filing of the notice of motion or order to show cause.

Procedural Background and Facts

In 1990, Jeremy M. was bom out of wedlock to Dale M. as a result of her relationship with Michael S. Burt. On February 9, 1996, the District Attorney’s Office, Family Support Division, for the County of Riverside (herein County) initiated this action against Michael S. Burt (herein Mr. Burt). County filed a complaint to establish parental relationship and child support, an application for an expedited child support order, and other notices and documents as required by California statutes. (Former §§ 11475.1, 11475.5, now Fam. Code, §§ 17400, 17434; Fam. Code, §3624.) The complaint alleged that Mr. Burt is the parent of Jeremy M. It further alleges that the minor child received public assistance starting on March 1, 1993. The prayer…

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