Rodriquez

Plumas County Department of Child Support Services v. Rodriquez

Good Law
161 Cal. App. 4th 1021·76 Cal. Rptr. 3d 1
Court of Appeal of CaliforniaApril 22, 2008C055005California3,367 words

Opinion

Opinion

Robie, J.

The Plumas County Department of Child Support Services (county) appeals from an order dismissing its complaint against Ame R. Rodriquez, by which it sought to compel Rodriquez to pay support for her 18-year-old son Joshua who, after living with Rodriquez nearly all of his life, began living with Rodriquez’s brother and sister-in-law (the Andersens) full time while he finished his senior year in high school.

The trial court found that Rodriquez—who had been designated her son’s custodial parent in a 1993 child support order—had no legal obligation as a custodial parent to pay child support. The court also found that, absent a contractual agreement between Rodriquez and the Andersens for Joshua’s support, the Andersens could not request the county’s assistance in obtaining a judgment for support against Rodriquez.

The complaint was properly dismissed. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The facts are not in dispute.

When Rodriquez and Dean Duchi dissolved their marriage in 1993, the court entered an order designating Rodriquez the primary custodial parent, and ordering Duchi to pay child support of $565 per month. That order was never…

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