Espinosa v. Department of Child Support Services
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.
Facts and Proceedings
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.
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