City and County of San Francisco v. Funches

Opinion

POCHE, J.

The City and County of San Francisco (hereafter City) appeals from an order requiring Emmanuel Funches to pay retroactive child support in an amount less than the presumptively correct amount under Family Code sections 4053, subdivision (k), and 4057, subdivisions (a) and (b).

Background

Respondent has not filed a brief on appeal. Therefore we accept the factual recitation of the opening brief on appeal, but apply the rule that the

[245]

City must affirmatively demonstrate prejudicial error. (Cal. Rules of Court, rule 17(b);

County of Lake

v.

Antoni

(1993) 18 Cal.App.4th 1102, 1104 [22 Cal.Rptr.2d 804].)

The child in question is Decina, bom September 1, 1982. On September 19, 1997, the City filed a complaint seeking a determination of paternity, a monthly award of $361 in child support, an award of $12,996 in retroactive support, and health insurance enrollment. Respondent admitted paternity, but opposed the amount of the support sought by the City.

The retroactive support sought by the City was as reimbursement for the preceding three years of care Decina had received at public expense. At the hearing held on June 9, 1998, respondent testified that he takes Decina out of her group home for visitation with him on weekends, and the court concluded that he was entitled to a visitation credit of 29 percent. Based upon his gross monthly income of $1,679 as a maintenance worker for the City of East Palo Alto, the court fixed his current monthly support for Decina at the guideline amount of $281. However, as to the $12,645 in retroactive support owed through the end of June 1998 when the hearing was held, the commissioner found that that sum plus accming interest would be so large an amount as to be “detrimental to your child.” Accordingly she reduced the retroactive support award to $5,000 and ordered it be paid in monthly installments of $100. The court also ordered respondent to provide health insurance coverage for Decina. City filed a timely notice of appeal.