Boutte

Boutte v. Nears

Good Law
1996 Cal. App. LEXIS 992·50 Cal. App. 4th 162·57 Cal. Rptr. 2d 655·96 Daily Journal DAR 12923·96 Cal. Daily Op. Serv. 7802
Court of Appeal of CaliforniaOctober 23, 1996C020606California1,454 words

Opinion

Opinion

Raye, J.

Defendant Kennard Nears appeals from an order of the trial court directing him to pay plaintiff Sharon Boutte’s attorney fees in the sum of $500 as “supplemental child support.” We will reverse because the trial court’s order exceeded its statutory authority under the Family Law Act.

Factual and Procedural Background

This case arises from a paternity action filed in July 1993 by Boutte against Nears regarding the minor child Kennard J. Nears, bom in October 1992. Nears stipulated to paternity, but the record shows the parties fought continuously over child support and visitation.

On September 1, 1994, (further unspecified calendar references are to that year) Nears, in propria persona, filed a motion for modification of the visitation order. Boutte, also in propria persona, responded by filing a countermotion to set child support according to the guideline formula. On September 23, Boutte substituted Richard A. Eldridge as her attorney of record. On Boutte’s behalf, Eldridge filed a responsive declaration to Nears’s motion, contesting the requested change in visitation and asking the court to award Boutte attorney fees.

A hearing on both motions was held on October 4.…

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