Patrick

Plaintiff County of Los Angeles (County), appeals from the order of the superior court modifying the amount of child support payable by defendant, and holding that rule 1274(b)(6) of the California Rules of Court is unconstitutional. We conclude that rule 1274(b)(6) is constitutional. We reverse with directions.

Facts and Procedural Background

On April 9, 1981, a judgment of paternity and child support determined that Felita Rene Griffin was the mother and defendant was the father of Rodney Warren Patrick, born September 16,1980. The judgment included an order for child support of $40 per month payable on the 5th and 20th days of each month commencing April 20, 1981.

On February 27, 1991, County filed an order to show cause seeking to increase the child support and requesting that the child support be payable by wage assignment. The hearing was originally scheduled for March 21, 1991, but was continued until April 22, 1991.

Plaintiff and defendant appeared on April 22, 1991. Felita Rene Griffin, the custodial parent, failed to appear. The court issued and held a body attachment for her. It was at this hearing that the court expressed its concern about the…