County of San Diego Dept. of Child Support Services v. C.P.

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In January 2013, the family court ordered respondent C.P. to pay monthly child support. From September 2013, through August 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 the then-current Family Code section 4007.5. (Stats. 2015, ch. 629, sec. 2, eff. Oct. 8, 2015). The court granted C.P.'s request over the objection of appellant San Diego County Department of Child Support Services (Department) The Court of Appeal determined 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 arrears, the statutory relief awarded is unavailable to C.P. under current section 4007.5.” Subdivision (f) expressly provided that the statute applied only to child support orders issued on or after October 8, 2015, and C.P.'s child support order under consideration was issued in January 2013. Furthermore, contrary to the family court's stated reasons, at the time of the repeal of former section 4007.5 (Stats. 2010, ch. 495, sec. 1), C.P. did not have a vested statutory right to have his support order adjusted, and current section 4007.5 did not contain a saving clause pursuant to which former section 4007.5 could have provided statutory protection for incarcerated child support obligors like C.P. However, the Court determined C.P.'s request could be read to have sought the adjustment in child support arrears under former section 4007.5, which was repealed as of July 1, 2015; but the parties did not brief and the trial court did not consider whether former section 4007.5 contains a saving clause that provides C.P. with a statutory basis on which to have obtained the requested relief. Accordingly, the Court of Appeal reversed the order granting C.P.'s request and remanded with directions to consider, as appropriate based on briefing to be requested, whether former section 4007.5 included a saving clause that allowed its application to C.P.'s request and, if so, whether C.P. made a sufficient showing for relief. View "County of San Diego Dept. of Child Support Services v. C.P." on Justia Law