County of San Bernardino v. McCall

BARNARD, P. J.

This action was brought pursuant to the provisions of section 2224 of the Welfare and Institutions

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Code, as amended in 1940, to compel the defendant to reimburse the county for aid which it had furnished to the parents of the defendant, and for an order requiring the defendant to support or contribute to the support of his parents in the future. After a trial the court found for the defendant finding, among other things, that he has been at all times willing to contribute to such support to the extent of his ability, but that he “is not able to pay any portion of the aid granted as aforesaid, and is not able to contribute to the current support of his said father or mother.” Judgment was entered accordingly and the plaintiff has appealed.

The appellant first contends that the finding to which we have referred is not supported by the evidence. The appellant concedes that the essential question as to the financial ability of the respondent is one of fact and “therefore, to a large degree, within the sound discretion of the trial court” and that “unless a clear abuse of discretion is apparent, the findings of the trial court should not be disturbed” but argues that an abuse of that discretion here appears.

We are here concerned only with the legal question as to whether the findings on this issue are sufficiently supported by.the evidence. It appears therefrom that the respondent is a teacher employed by two institutions, a college and a junior college. He has a wife and a minor child and employs a maid who receives her meals in the home. Some years ago he purchased a home which was financed through a mortgage, upon which he is paying $40.92 a month. He has two life insurance policies upon which he has borrowed $445 and $279, respectively. He also owes $112 on a personal note. His income from his work at the two institutions amounts to $246 a month. During the two summers preceding the trial he earned additional sums teaching in summer school, but the evidence is that the opportunity for such additional earnings will probably not be available in the future.

The evidence discloses that the respondent’s expenses for the preceding year, which received the approval of the court, amounted to $281.24 a month. With respect to the current year, while it appears that his income would amount to $246 a month it also appears that he has what may be termed fixed charges, also approved by the court, amounting to $190 a month. This will leave a balance of $56 a month to cover clothes for a family of three, upkeep of an automobile and