Moore v. Bedard

Opinion

RICHLI, J. On August 18, 2011, the family law court dismissed this entire family law action, finding it had lost jurisdiction over the case.

Riverside County Department of Child Support Services (the Department), the party opposing dismissal, appeals, contending that the family law court retained jurisdiction to make support orders.1

I

FACTS

On July 31, 2006, plaintiff Dawn Moore filed a request for a domestic violence prevention order on Judicial Council form DV-100. The request asked the court to protect her from defendant Maurice Clement Bedard, Jr., the father of their three children.

In the request, plaintiff also requested the court to order child custody, visitation, and/or child support. As form DV-100 requires, she did so by filing Judicial Council form DV-105, formerly entitled “Child Custody, Visitation and Support Request.” In that form, she requested that a prior child custody order, entered in August 2002, be modified. She also requested child support.

A hearing on the request for a temporary restraining order was held on August 22, 2006. The parties presented a stipulation to the court. The court approved the stipulation and ordered it to be filed. At plaintiff’s request, any temporary restraining orders were dissolved.2

The stipulation also resolves other issues between the parties, including child support and other monetary issues. The court found that the stipulation was in the best interests of the minor children and that the needs of the children would be met by payments in accordance with the stipulation. It also noted that there had been no application for cash aid from the county.

In 2009, the Department filed a substitution of payee form (Judicial Council form FL-632), designating it as the payee of child support. In 2010 [1209]and early 2011, various enforcement actions, including a bank levy, were undertaken, and several hearings were held.

On March 30, 2011, defendant filed a request for a hearing to modify child support. The order to show cause was set for May 19, 2011. Income and expense declarations were filed by both parties.