Ivansco

County of Orange v. Ivansco

Good Law

1998 Cal. App. LEXIS 868·67 Cal. App. 4th 328·78 Cal. Rptr. 2d 886·98 Daily Journal DAR 10897·98 Cal. Daily Op. Serv. 7862

Court of Appeal of CaliforniaOctober 16, 1998G018839California3,580 words

Opinion

Sonenshine, J.

William B. Ivansco appeals from a postjudgment order modifying his child support obligation. We reverse, finding Family Code section 4071.5 unconstitutional.

I

In 1992, the court found Ivansco to be the father of twins, Jamie and Alexander, bom to Loura Tyler on September 21, 1989. The court set child support at $512 per month, commencing May 15, 1992, and ordered Ivansco to reimburse the county for Aid to Families With Dependent Children (AFDC) payments it had advanced to Loura since August 1990.

On August 10, 1995, the County of Orange (the county) filed the underlying order to show cause seeking to increase the monthly child support order. Loura was still receiving AFDC. Ivansco’s circumstances had changed; his 14-year-old son from a prior marriage now lived with him. Because the teenager’s mother paid no support, Ivansco provided all of his living expenses. After a contested hearing, the court increased Ivansco’s monthly child support order for the twins to $975.

II

Ivansco raises only one issue on appeal. He maintains the trial court erred in failing to consider deductions set forth in section 4059, subdivision (g) and section 4071, subdivision (a)(2) (former…

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