Holland v. Alexholland CA1/5

Filed 12/10/24 Holland v. Alexholland CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

GEORGE HOLLAND, JR., Plaintiff and Appellant, A166791

v. (Alameda County Super. Ct. LISA ALEXHOLLAND, No. AF11594555) Defendant and Respondent;

LOS ANGELES COUNTY CHILD SUPPORT SERVICES, Real Party in Interest.

Plaintiff George Holland, Jr. (father) appeals the trial court’s order setting aside a stipulation that terminated family support and waived all non-aid support arrears. In setting aside the stipulation, the court found that real party in interest Los Angeles County Child Support Services (Department) did not sign the stipulation as required under Family Code section 4065, subdivision (c).1 On appeal, father contends that the Department was not required to sign the stipulation and that the court erred in failing to issue a statement of decision. We disagree and affirm.

1 All further statutory references are to the Family Code unless

otherwise specified.

1

I. BACKGROUND In February 2012, father and defendant Lisa Alexholland (mother) finalized their divorce. As part of their marital settlement agreement, father was ordered to pay mother $2,000 per month in family support.2 At that time, father and mother had two minor children who are now adults. In May 2012, mother opened a case with the Department to enforce the collection of family support after father failed to make consistent payments.3 In December 2016, father and mother entered into a settlement agreement in which father’s prospective family support payments were reduced to $500 per month. The agreement further stated that mother would release father of “all past, present or future arrears” and that father would pay mother $20,000 as consideration. It is unclear when father actually paid mother this amount. In August 2021, father filed a request for the trial court to: (1) terminate the family support order because the children were now adults; and (2) “adopt” the parties’ December 2016 agreement. Before the March 2022 hearing on this matter, father filed a document titled “stipulation and order terminating family support” (stipulation). The stipulation was executed by him and mother and stated that father was no longer required to pay family support, that mother was waiving all non-aid arrears (estimated to be approximately $218,036.31), and that father would pay mother $20,000. The stipulation further provided that mother would request closure of her