Estabrook

MILLER J.

*1147 Plaintiff and appellant Riverside County Department of Child Support Services (the County) filed a complaint against defendant and respondent Michael Lee Estabrook (Father) seeking $288 per month in child support, as well as any healthcare expenses, for J.L., Father's alleged daughter, whose mother, J.L.1 (Mother), was receiving public assistance. ( Welf. & Inst. Code, § 11457, subd. (a).) Father requested a judgment of non-paternity. ( Fam. Code, § 7636.) The family court entered a judgment of non-paternity and dismissed the County's complaint with prejudice.

The County raises four issues on appeal. First, the County contends the family court erred by not ordering genetic testing. ( Fam. Code, § 7551.) 1 Second, the County asserts the family court's decision to apply the marital presumption (§ 7540) is not supported by substantial evidence. Third, the County contends the family court erred by permitting Father to assert the marital presumption (§ 7540) because the presumption may only be raised by the spouses who are in the marriage. Fourth, the County contends the family court's finding of non-paternity ( § 7636 ) is not supported by substantial evidence. We…