Stratton
Stratton v. Stratton
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…