In Re Marriage of Simmons

Opinion

COBEY, J.

The sole question posed by this appeal is whether a court, making an order pursuant to Civil Code section 4702, subdivision (a) requiring payment of child support to a parent receiving aid to families with dependent children (AFDC) for the support of a minor child, possesses the power to order that part óf each court-ordered payment be made to the trustee of an irrevocable trust for the future education of the child.

1

This question will be answered in terms of the law currently applicable because to do otherwise would be an exercise in judicial futility.

2

Our answer will be in the negative for reasons that follow.

Discussion

In pertinent part the just-mentioned section 4702, subdivision (a), reads: ”[I]n any proceeding where a court makes ... an order requiring payment of child support to a parent receiving welfare moneys for the maintenance of minor children, the court

shall

direct that payments of support be made to the ... officer of the court... designated by the court for such purpose . . . .” (Italics added.) An AFDC grant constitutes welfare monies within the meaning of this subdivision. (See Welf. & Inst. Code, § 10052.)

3

[208]

AFDC is administered in this state under a federally approved state plan which must contain, among other elements, a child support program. (See 42 U.S.C. §§ 601, 602(a)(27), 654.)

4

Thus the partially quoted Civil Code subdivision is merely a part of a federal-state statutory procedure designed to insure that absent fathers whose children are being supported by AFDC reimburse the taxpayers for such support to the extent of their ability to do so. Each recipient of AFDC, as a condition of eligibility for such aid, is required to assign to the state (in this state to the county)