Tolces

Tolces v. Trask

Good Law
1999 Cal. App. LEXIS 992·76 Cal. App. 4th 285·90 Cal. Rptr. 2d 294·99 Daily Journal DAR 11587·99 Cal. Daily Op. Serv. 9119
Court of Appeal of CaliforniaNovember 17, 1999E023242California1,996 words

Opinion

Opinion

Ward, J.

Plaintiff and appellant Roger Sunpath Tolces appeals from a court order denying his requests for an offset against his child support arrearage and for the reinstatement of his California driver’s license, which was suspended as a result of the noncompliance with his child support order. On appeal, Tolces contends: (1) he should receive an in-kind offset against his child support arrearage for the alleged fair rental value of the home he provided, rent-free, for the mother of his son and her children; and (2) his driver’s license should be reinstated because Welfare and Institutions Code section 11350.6 is not applicable to him and is unconstitutional because it infringes on his right to travel and violates his right to equal protection.

We find no error and affirm.

Factual and Procedural Background

Tolces had a son, Thayne Garett Tolces, with Ingrid Traver. The record does not show when Thayne was bom. Apparently, the district attorney obtained an order that Tolces pay $175 per month in child support for Thayne. Tolces asserts that his child support obligation was terminated on November 28,1995, by order of the superior court. About that time, Thayne moved in with…

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