Camacho

Kern County Department of Child Support Services v. Camacho

Good Law
147 Cal. Rptr. 3d 354·2012 Cal. App. LEXIS 1037·209 Cal. App. 4th 1028·2012 WL 4513054
Court of Appeal of CaliforniaSeptember 11, 2012No. F062883California3,964 words

Opinion

Lead Opinion

Kane, J.

In this family law case, appellant Raul Camacho, Jr., filed a motion in the trial court to modify the amount of arrears he owed for child support. Appellant claimed that the computation of arrears presented by respondent Kem County Department of Child Support Services (the Department) was mistaken because it failed to account for numerous extra payments he had made toward child support over the years. An evidentiary hearing was held before Commissioner Ralph L. McKnight, Jr., who determined that some of the extra payments should be credited toward appellant’s child support obligations, but other payments were gifts and therefore did not constitute child support. Appellant was unhappy with that result and moved to set aside *1031 the trial court’s order on the ground that he (appellant) was not properly advised pursuant to Family Code section 4251, subdivision (b), of his right to object to having the matter heard by a commissioner rather than a judge. 1 Commissioner McKnight also heard the set-aside motion and denied it. Appellant appealed, challenging both orders. We will affirm.

FACTS AND PROCEDURAL HISTORY

Appellant and Daisy Medina (Medina) are the parents of two…

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