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Marriage of Arenas

Marriage of Arenas
06:28:2006

Marriage of Arenas


Filed 6/27/06 Marriage of Arenas CA2/5




NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS






California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.






IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND APPELLATE DISTRICT



DIVISION FIVE














In re the Marriage of VINCENT M. and LAURA A. ARENAS.



B182998


(Los Angeles County


Super. Ct. No. SED052511)



VINCENT M. ARENAS,


Appellant,


v.


COUNTY OF LOS ANGELES CHILD SUPPORT SERVICES DEPARTMENT,


Respondent.




APPEAL from an order of the Superior Court of Los Angeles County, Roberta Lee, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.


Law Offices of Margaret E. Monos and Margaret E. Monos for Appellant.


County of Los Angeles Child Support Services Department, Lori A. Cruz, Chief Attorney and Tammy Nakada, Staff Attorney for Respondent.


I. INTRODUCTION


This is a marital dissolution action between Vincent M. Arenas (the father) and Laura A. Arenas (the mother). The issue on appeal concerns child support arrearages. The father appeals from a February 10, 2005 order denying his Family Code section 17526, subdivision (c) request for a judicial determination of child support arrearages.[1] The father asserted he had not only paid his obligation in full but had overpaid. The trial court denied the request without prejudice. We affirm the order.


II. BACKGROUND


Twin children were born to the mother in June 1976. On December 10, 1976, a paternity judgment was entered against the father in County of Los Angeles v. Vincent Morales Arenas (Super. Ct. L.A. County, 1976, No. D908769). The father was ordered to pay monthly child support through the court trustee commencing November 1, 1976. In the present case, an interlocutory marital dissolution judgment was entered on March 3, 1980. The father was ordered to pay monthly child support commencing March 1, 1980. A final dissolution of marriage judgment was entered on March 20, 1985. The parties agree that the child support obligation in the paternity litigation was superseded by the support order in the present marital dissolution case. In ensuing years, the father's support obligation was at times suspended, then reinstated, and wage assignment orders were entered.


On March 8, 1995, the father, in pro se, sought a judicial determination of child support arrearages. The case number on the order to show cause is that for the marital dissolution judgment. But the title of the case is that of the paternity judgment. By operation of law, the dissolution of marriage judgment was assigned to the County of Los Angeles pursuant to Welfare and Institutions Code section 11477, subdivision (a).[2] The order to show cause stated, â€





Description A decision regarding child support arrearages in a marital dissolution action.
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