Christensen

*1243 This appeal presents a narrow question about what counts as family income when determining a family's eligibility for cash aid under the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program. ( Welf. & Inst. Code, §§ 11200 et seq. ) 1

Here, a CalWORKs applicant, Angie Christensen, lives with her husband and her children. Her husband is the noncustodial parent of additional children, and court-ordered child support is garnished from his income for the benefit of these children who do not live in the applicant's home. Counting the garnished amounts as nonexempt income to the applicant's family, San Mateo County determined the family's income was too high to qualify for CalWORKs cash aid and denied the application. Following an administrative appeal, the California Department of Social Services (Department) affirmed the denial decision.

The applicant then petitioned for writ of mandate challenging the Department's policy of counting child support paid to benefit children who live outside the home as nonexempt income for purposes of CalWORKs ( *1244 Code Civ. Proc., § 1085 ) and for writ of administrative mandate seeking to overturn the Department's…