(Super. Ct. No. 07CS00698)
The opinion of the court was delivered by: Hull , J.
Espinosa v. Department of Child Support Services
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Plaintiff George Espinosa, in propria persona, appeals from a judgment of the trial court denying his petition for writ of administrative mandate. Plaintiff contends defendant Department of Child Support Services (DCSS) erred in denying him relief from efforts by the Family Support Division of the Placer County District Attorney's Office, as the Local Child Support Agency (LCSA), to collect child support arrears from his social security disability benefits. We disagree and affirm the judgment.
On October 23, 1984, JoAnn Espinosa (JoAnn) filed a petition in the Placer County Superior Court to dissolve her marriage with plaintiff. On December 20, 1984, that court entered default judgment of dissolution, awarding physical custody of the couple's five minor children to JoAnn and ordering plaintiff to pay child support of $100 per month per child until each child reaches the age of majority. The judgment also required plaintiff to pay spousal support of $150 per month for seven years or until JoAnn remarries, whichever occurs first.
In January 1988, the LCSA obtained a writ of execution against plaintiff in the Placer County Superior Court in the amount of $19,500, based on assignment of JoAnn's right to collect child support to Placer County pursuant to Welfare and Institutions Code section 11477.
In 1991, the LCSA stopped charging plaintiff for ongoing child support obligations, because supplemental social security benefits being received by JoAnn on behalf of the children due to plaintiff's disability (derivative SSA payments) exceeded plaintiff's support obligation to those children.
On June 15, 1999, plaintiff filed in the Placer County Superior Court a declaration for modification of support in which he claimed irregularities in the original dissolution proceeding. In particular, plaintiff asserted he had never been served with process and JoAnn failed to disclose the family home and other property as marital assets. Plaintiff also claimed the county failed to prove "paternity, separation, ability to pay, amount and receipt of public assistance." Plaintiff further sought relief from the judgment on the basis that he had not been gainfully employed since 1983.
On July 14, 1999, plaintiff moved in the Placer County Superior Court to quash the writ of execution previously issued. Plaintiff also obtained an order to show cause regarding support, in which he again claimed the LCSA had failed to prove paternity, his ability to pay support, or the amount of public assistance received by his ex-wife. He also contested the amount of support arrears sought.
On July 21, 1999, the United States Social Security Administration sent plaintiff notice that $100 per month would be deducted from his disability benefits to satisfy the writ of execution issued by the Placer County Superior Court.
The following month, the Placer County Superior Court granted plaintiff's motion to quash the writ of execution. Regarding support arrears, the court indicated: "[Plaintiff's] motion regarding child support and spousal support is also treated as a request to determine arrearages. A ruling on this motion is deferred ...