Cullins

Cullins v. Treharne

Good Law
151 Cal. App. 3d 788·198 Cal. Rptr. 890·1984 Cal. App. LEXIS 1597
Court of Appeal of CaliforniaFebruary 6, 1984Civ. No. 68546California587 words

Opinion

Lead Opinion

Kingsley, J.

La Shawn Cullins is the legitimate daughter of Carol Ann Cullins. On September 18, 1970, in a dissolution proceeding, Carol’s husband, La Shawn’s father, was ordered to pay a pro forma spousal support of $1 and $35 per week for support of La Shawn. Except for the first payment of $35, no payments were ever made pursuant to that order. On February 14, 1980, the father died. Carol filed a claim in his estate which claim, after suit was brought on it, resulted in a judgment for $26,800. From that amount, plaintiff’s attorney was directed to hold $8,583.30 pend *790 ing determination of the claim of the county to reimbursement for aid to families with dependent children (AFDC) payments made by it to Carol. Ultimately, the trial court made the order herein involved, which held that the county was entitled to the full $8,583.30.

La Shawn and Carol have appealed from that order. We affirm the order.

It is admitted that, on her application, the county did pay to Carol the amount herein involved pursuant to the so-called “Aid to Families of Dependent Children” statutes. Those statutes provide that, in consideration of payments under that scheme, there is an automatic assignment…

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