C.P.
Cnty. of San Diego Dep't of Child Support Servs. v. C.P.
Opinion
Lead Opinion
Irion, J.
*4 In January 2013, the family court ordered respondent C.P. to pay monthly child support. From September 12, 2013, through August 22, 2017, C.P. was incarcerated in federal prison. Less than a month after his release, C.P. promptly filed a request for the court to adjust the child support arrears that accrued during his incarceration-which the parties and the family court handled under current Family Code 1 section 4007.5. (Stats. 2015, ch. 629, § 2, eff. Oct. 8, 2015; subsequent references to current § 4007.5 are to this section of the legislation.) The court granted C.P.'s request over the objection of appellant San Diego County Department of Child Support Services (Department) (§ 17406), which is the appellant and is represented by the Attorney General in this appeal (§ 17407).
The family court erred as a matter of law in granting C.P.'s request. Given the unambiguous language in current section 4007.5 and the timing of C.P.'s child support order, incarceration, and request for adjustment of *5 arrears, the statutory relief awarded is unavailable to C.P. under current section 4007.5. As we explain, subdivision (f) expressly provides that the statute applies only to child…