Nevitt
County of Riverside v. Nevitt
Opinion
Opinion
Plaintiff and appellant County of Riverside (County) and defendant and respondent Louis Nevitt (father) entered into a stipulated judgment for child support and reimbursement to County for welfare benefits expended on behalf of Sarah N. (the child). The trial court set aside this stipulated judgment based on mutual mistake of law and recalculated the child support.
On appeal, County contends that the trial court erred in setting aside the stipulated judgment. [1] In the alternative, County contends that the trial court erred in its re-calculation of child support payments. We reverse the trial court's order setting aside the stipulated judgment.
County filed suit against father on August 25, 1997, under Welfare and Institutions Code sections 11350, 11350.1 and 11475.1 [2] to establish that father is the father of the child, to establish a child support order, and to establish an order to reimburse County for Aid to Families with Dependent Children (AFDC) benefits expended on behalf of the child.
On March 26, 1998, the parties entered into a stipulated judgment whereby father admitted paternity of the child, agreed to pay child support in the amount of $134 per month,…