Mendez v. Mendez

No. NWD 088272 (Cal. Super. Ct., Los Angeles County, filed Sept. 27, 2004) ; Clearinghouse Number: 55914

Description

County May Collect Family Support and Welfare Reimbursements Only Up to Amount of Welfare Benefits Paid for Child’s Support

Abstract

The court discharged an alleged debt of about $80,000 that county claimed petitioner husband owed in welfare reimbursements for Aid to Families with Dependent Children payments. In so ruling, the court limited the amount of family support and welfare reimbursements that county was allowed to collect to the amount of welfare benefits that county paid for a child while his parents were separated. Husband and respondent wife first married in 1978, divorced in 1982, reconciled in 1986, and remarried in 1990. Their son was born in 1981, and wife obtained an order for child and spousal support in the divorce. She also received welfare for their son (and two other children not by husband) while they were divorced. Under state and federal law, by receiving welfare, wife assigned her rights to collect family support to county, which was a party in interest in the lawsuit. The district attorney claimed that county was allowed to collect the interest-bearing family support payments until all welfare payments made to wife—for her entire life, for all her children—were repaid. Husband and wife disagreed. Husband had reimbursed county about $17,000 over the years. The court ordered county’s child support department to stop collecting family support arrearages and unreimbursed welfare payments and ordered that the amount that husband had paid discharged those debts in full. Counsel reports that the district attorney withdrew its motion to reconsider after husband and wife filed their opposition.

Additional Information

Attorney Information
Plaintiff represented by David Pallack, Rocio Garcia, Neighborhood Legal Services of Los Angeles County, 13327 Van Nuys Blvd., Pacoima, CA 91331 (818.834.7520).
Docket Date
2004-09-27 00:00:00+00:00
Attorney Email
dpallack@nls-la.org