Morrison v. Ross CA3

Filed 9/9/14 Morrison v. Ross CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

LOVORN MORRISON,

Plaintiff and Respondent, C074089

v. (Super. Ct. No. FS072931)

O'NEIL ROSS,

Defendant and Appellant;

SAN JOAQUIN COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES,

Intervener and Respondent.

Defendant O’Neil Ross appeals in propria persona after the trial court ordered him to pay $1,675 per month in child support and $421 per month for child care costs, and $100 per month in arrears. Ross claims the trial court erred by (1) excluding evidence of

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certain child care costs incurred by the mother, (2) excluding evidence of the mother’s attempts to prevent visitation, and (3) admitting hearsay evidence of costs allegedly incurred by the mother. He asks us to reverse the trial court’s orders. Ross does not support his claims with relevant legal authority and his claims are not supported by the record on appeal. We will affirm the trial court orders. BACKGROUND Ross elected to proceed on a clerk’s transcript. (Cal. Rules of Court, rule 8.121.) This is referred to as a “judgment roll” appeal. (Allen v. Toten (1985) 172 Cal.App.3d 1079, 1082; Krueger v. Bank of America (1983) 145 Cal.App.3d 204, 207.) The limited record establishes that in November 2009, the trial court ordered Ross to pay $2,230 per month in child support for two minor children, $542 per month for child care expenses, and $25 per month in arrears. In February 2012, the trial court ordered Ross to pay $2,004 per month in child support, $421 per month for child care expenses, half of all reasonable uninsured health care expenses, and $100 per month in child support arrears. The trial court also ordered the mother to pay for child care using checks and to provide Ross with copies of those cancelled checks on a quarterly basis. Ross subsequently filed a motion to modify child support. The trial court heard the motion on April 4, 2013, and took the matter under submission; on June 3, 2013, among other orders, the trial court ordered Ross to pay $1,675 per month in child support, $421 per month for child care expenses, and $100 per month in child support arrears. The trial court also found that Ross was not exercising his visitation with the children and that he owed approximately $16,500 in child support arrears. The trial court denied Ross’s request for “credit” of travel expenses incurred visiting the children, but indicated he could save his receipts and “petition the court for credit against his arrears.” Ross appeals from the June 3, 2013 orders.