Stratton

Stratton v. Stratton

Good Law
1991 Cal. App. LEXIS 51·226 Cal. App. 3d 1392·277 Cal. Rptr. 448·91 Daily Journal DAR 875·91 Cal. Daily Op. Serv. 643
Court of Appeal of CaliforniaJanuary 17, 1991No. G009014California722 words

Opinion

Lead Opinion

Sonenshine, J.

James W. Stratton appeals a child support judgment, claiming Code of Civil Procedure section 640.1, subdivision (c) violates article VI, section 21 of the California Constitution. We disagree and affirm.

*1394 I.

After a Revised Uniform Reciprocal Enforcement of Support Act petition 2 was served on Stratton, the matter proceeded to a contested hearing. Despite Stratton’s demand that the matter be heard by a superior court judge, a commissioner determined he was empowered to hear the matter and recommended child support be set at $151.66 per month. Stratton was told a superior court judge would be reviewing the recommendation. The judge, after a noticed hearing, approved the commissioner’s recommendation and ordered child support to be set at $151.66 per month.

II.

Section 640.1 allows district attorney applications for the establishment and enforcement of child support orders to be referred for hearing to a commissioner who shall take testimony, establish a record, evaluate evidence, and make recommendations. A review hearing is then held before a superior court judge, who shall independently review the record of the original hearing, consider any supplemental…

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