Lugo

Lugo v. Lugo

Good Law
170 Cal. App. 3d 427·1985 Cal. App. LEXIS 2247·217 Cal. Rptr. 74
Court of Appeal of CaliforniaJuly 22, 1985No. A012132California3,372 words

Opinion

Lead Opinion

Brauer, J.

*430 Opinion

Ramon A. Lugo appeals from an order made more than seven years after a final judgment of dissolution of marriage. 1 (Code Civ. Proc., § 904.1, subd. (b).) That order (1) nullified an earlier court order which had suspended appellant’s obligation to pay child support, and (2) denied appellant’s motion challenging the amount of claimed arrearages in child support payments. For a variety of reasons appellant now claims, in essence, that the earlier order was valid and that the later one is not.

The principal issue on this appeal is whether a county which provides benefits to a custodial parent under the aid to families with dependent children program (AFDC) is an indispensable party to an action which seeks to reduce or suspend the noncustodial parent’s obligation to pay child support. For reasons explained below, we conclude that it is, and that the order of the court below should be affirmed.

History

Appellant’s marriage to Oralia C. Lugo was terminated by a final judgment of dissolution filed in the superior court of Santa Clara County on February 15, 1973. At that time Mrs. Lugo was receiving benefits under the AFDC program, as she had been since September of…

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