San Bernardino Cty. Dept. Child Support v. Pascual CA4/2

INTRODUCTION

Defendant Richard O. Pascual appeals from a judgment ordering payment of child

support, which was entered on August 13, 2012. On appeal, Pascual argues the trial court

abused its discretion when it did not join Monica Silvestre, the mother, to the action; it

included basic allowances for housing and subsistence in calculating Pascual’s income; it

denied Pascual’s motion to set aside his voluntary declaration of paternity; and it did not

make necessary findings.

Plaintiff County—the County of San Bernardino, Department of Child Support—

generally disputes these contentions but agrees that the case may be remanded to

determine whether Pascual is entitled to a hearing on his motion to set aside the paternity

declaration. We agree the trial court did not abuse its discretion but the judgment is

reversed and the case remanded to address Pascual’s challenge to his voluntary

declaration of paternity and any related issues.

II

FACTUAL AND PROCEDURAL BACKGROUND

In April 2011, County filed a complaint against Pascual seeking child support for

Joseph, who was born in April 2002. The complaint alleged that the parents were

Pascual and Silvestre, who had both…