Goble

FACTS AND PROCEDURE

In 1997, Goble filed a petition to establish a parental relationship with his son, Zachary, who was born in 1996. Apparently, child support was ordered and at some point the right to support assigned to DCSS. The petition and original orders are not in the record on this appeal. In 2004, Goble and Zachary’s mother, Brenda Fuller, stipulated to a custody and support order that gave Fuller “primary physical custody” of Zachary, with Goble having “secondary physical custody” and visitation. They stipulated that Goble would pay guideline child support to Fuller, an amount set at $290 a month.

2 In April 2010, Goble moved to obtain primary physical custody of Zachary, an attempt that apparently failed. In August 2010, Fuller obtained a five-year restraining order prohibiting Goble from contacting her or Zachary. On January 19, 2011, DCSS (as intervenor) filed a motion to modify Goble’s child support obligation, which was set for hearing on May 11, 2011. The notice of motion served on Goble included, in bold print at the top of page two, a “Notice” advising the parties the case might be referred to a court commissioner who would act as a temporary judge in the…