Funches

City and County of San Francisco v. Funches

Good Law
1999 Cal. App. LEXIS 872·75 Cal. App. 4th 243·89 Cal. Rptr. 2d 49·99 Daily Journal DAR 10131·99 Cal. Daily Op. Serv. 7990
Court of Appeal of CaliforniaSeptember 27, 1999A083926California1,378 words

Opinion

Opinion

Poche, J.

The City and County of San Francisco (hereafter City) appeals from an order requiring Emmanuel Funches to pay retroactive child support in an amount less than the presumptively correct amount under Family Code sections 4053, subdivision (k), and 4057, subdivisions (a) and (b).

Background

Respondent has not filed a brief on appeal. Therefore we accept the factual recitation of the opening brief on appeal, but apply the rule that the City must affirmatively demonstrate prejudicial error. (Cal. Rules of Court, rule 17(b); County of Lake v. Antoni (1993) 18 Cal.App.4th 1102, 1104 [ 22 Cal.Rptr.2d 804 ].)

The child in question is Decina, bom September 1, 1982. On September 19, 1997, the City filed a complaint seeking a determination of paternity, a monthly award of $361 in child support, an award of $12,996 in retroactive support, and health insurance enrollment. Respondent admitted paternity, but opposed the amount of the support sought by the City.

The retroactive support sought by the City was as reimbursement for the preceding three years of care Decina had received at public expense. At the hearing held on June 9, 1998, respondent testified that he takes Decina out of…

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