County of Shasta v. Smith

Good Law
1995 Cal. App. LEXIS 892·38 Cal. App. 4th 329·45 Cal. Rptr. 2d 52·95 Daily Journal DAR 12482·95 Cal. Daily Op. Serv. 7336
Court of Appeal of CaliforniaSeptember 15, 1995C019863California2,380 words

Opinion

Opinion

Davis, J.

Defendant Twig Gerald Smith appeals from the denial of his “motion to determine arrearages.” He claims he is entitled to a credit on his child support obligations for withholdings apparently appropriated by his absconded bankrupt employer. After our initial examination of the record, we requested supplementary briefing from the parties regarding the statutory basis for the motion, possible prematurity of the motion, and the lack of notice to other potential parties. We conclude the motion was properly before the trial court, and that the defendant is not entitled to the relief he seeks. We therefore affirm.

Facts

In 1986, Shasta County petitioned for reimbursement of public assistance and establishment of child support, effecting service on the defendant at his Orange County residence. (Welf. & Inst. Code, §§ 11350, 11350.1.) Following a hearing at which the ex-wife and Shasta County representatives appeared but the defendant did not, the court issued a February 1987 default judgment against defendant. The judgment authorized a wage assignment pursuant to former Civil Code section 4701 (Stats. 1985, ch. 1069, § 3.2, p. 3571).

Shasta County obtained various wage…

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