Henry
Henry v. Department of Child Support Services CA6
Opinion
Opinion
Mihara, J.
I. Factual and Procedural Background
David Henry and Michelle Mitchell (formerly Michelle Henry) were previously married and are the parents of seven children. In 1997, David was ordered to pay unallocated child support in the amount of $1,105 per month to Michelle. In April 2005, the Department of Child Support Services (Department) registered this order for enforcement. In 2007, the Department provided David with an accounting of his support payments. David then filed a motion to determine child support arrearages in February 2007. David argued that he owed no child support arrearages based upon his payments and allegations that various children lived with him throughout the period that he was ordered to pay support. The parties agreed to submit the matter to the trial court based on their respective declarations. The trial court then gave the parties the opportunity to file further declarations, which they did. The trial court took the matter under submission in January 2009. On March 24, 2009, the trial court issued an order finding that David owed $30,145.82 in child support arrearages. On April 30, 2009, David filed a motion to set aside the March 2009 order. David’s…