B.R. v. M.N. CA4/3

Filed 3/30/15 B.R. v. M.N. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

B.R.,

Plaintiff and Appellant, G050720

v. (Super. Ct. No. VFLVS027405)

M.N., OPINION

Defendant and Respondent;

SAN BERNARDINO COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES,

Intervener and Respondent.

Appeal from an order of the Superior Court of San Bernardino County, David R. Proulx, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. B.R., in pro. per., for Plaintiff and Appellant. No appearance for Defendant and Respondent.

Kamala D. Harris, Attorney General, Julie Weng-Gutierrez, Assistant Attorney General, Linda M. Gonzalez and Catherine A. Ongiri, Deputy Attorneys General, for Intervener and Respondent. * * * INTRODUCTION The trial court entered a child support order, and two months later modified the amount of support to be paid on a monthly basis by the mother to the father. The father appeals, contending the trial court improperly imputed income to him, and improperly considered the mother’s request to modify child support, which he claims was actually a motion for reconsideration. We find no error on the part of the trial court, and affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY B.R. (father) and M.N. (mother), who were never married, are the parents of two minor children. In October 2004, the trial court ordered father and mother to share joint custody of the children, and ordered father to pay $250 per month in child support to mother. The San Bernardino County Department of Child Support Services (the Department) began enforcing the child support order in 2005. In April 2012, the trial court (Commissioner David R. Proulx) ordered mother to pay child support of $600 per month to father. In September 2012, the Department filed a motion for modification, asking that mother be ordered to also provide health insurance coverage for the children and to pay 50 percent of their uninsured health care costs, and that the April 2012 child support order be so modified. The Department’s motion was heard on October 15, 2012. The trial court (Commissioner Khymberli S. Apaloo) ordered mother to pay $866 per month in child support to father. The court found that both parties had custody of the children 50 percent of the time, mother’s monthly income was $5,179, mother’s child care expenses were $594