State of Florida Ex Rel. Department of Health & Rehabilitative Services v. Vernon

Opinion

ELKINGTON, J.

The relevant factual and procedural context of the appeal before us may reasonably be condensed to the following.

The above-named defendant Marlene Vernon (formerly Marlene Downey) is the mother, and one Joel Downey the father, of two minor children. In the parents’ State of California marriage dissolution proceedings of 1971, the father was awarded custody of the children and ordered to provide for their support. In 1976 the father placed the children with his mother; his whereabouts are apparently now unknown. Since then their physical custody had been with their paternal grandmother, Exie C. Downey in the State of Florida.

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The State

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of Florida acting through its Department of Health and Rehabilitative Services, the above-named plaintiff, determined that neither the mother nor the father was contributing to the children’s support, and that the grandmother, although willing to care for them, was unable to provide financially for their support. The State of Florida accordingly took upon itself, under the federal “Aid to Families with Dependent Children” program (42 U.S.C. § 601 et seq.) the financial obligation of the children’s support. The whereabouts of the father is apparently unknown to the mother or to the State of Florida.

While so supporting the children, the State of Florida commenced the instant action, February 2, 1981, against the mother, who is a resident of the State of California, under the Revised Uniform Reciprocal Enforcement of Support Act of 1968 (Code Civ. Proc., §§ 1650-1699). The action sought reimbursement for such future support of the children as the State of Florida would thereafter be obliged to pay.

The superior court found that the mother was under a legal duty to support the children, that she had the ability to do so, and that the sum of $150 per month was a reasonable amount therefor. It was thereupon adjudged that she pay the State of Florida the sum of $150 per month thereafter through the District Attorney of Sonoma County.

The appeal before us was taken by the mother from the judgment.