Savedra

The County of Yuba (the County) appeals from a default judgment establishing paternity in respondent Jose George Savedra, but declining to order that respondent pay child support. In so holding, the Yuba County Family Court Commissioner (the trial court) ruled that “notwithstanding Welfare & Institutions Code section 11355(b)[,][ 1 ] evidence of. . . income must be presented before the proposed judgment can be entered.”

The trial court erred. Where the defendant parent defaults in an action seeking an order of child support pursuant to the procedures set forth in former section 11475.1 (and now Fam. Code, § 17400, subd. (c)(2))—which provide notice to the defendant that the proposed judgment accompanying the complaint will become effective in the event of a default—the court is required to enter the judgment, without requiring evidence of the parent’s income upon which the child support is calculated. (See former § 11355, subd. (b), Stats. 1996, ch. 957, § 14; and Fam. Code, § 17430, subd. (a), added by Stats. 1999, ch. 478, § 1 and amended by Stats. 1999, ch. 480, § 17 and Stats. 1999, ch. 652, § 17.5.) We conclude that the trial court had no discretion to ignore the…