Santa Clara Co. Dept. of Child Support Services v. Ewoldt
Filed 6/20/06 Santa Clara Co. Dept. of Child Support Services v. Ewoldt CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
| SANTA CLARA COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES, Plaintiff and Respondent, v. CRAIG V. EWOLDT, Defendant and Appellant. | H029458 (Santa Clara County Super. Ct. No. DA031339) |
In July 1995, defendant Craig V. Ewoldt (father) entered into a stipulated judgment for payment of past due and ongoing child support for the benefit of his sons Justin and Aaron. The past due support was to have been paid in installments beginning after Justin reached the age of emancipation. Ten years after judgment was entered father asked for a judicial determination that interest was not to have accrued upon the past due amount unless and until he failed to pay the agreed-upon installments on time. The child support commissioner denied father's request. Father appeals.
I. The Stipulated Judgment
Father has provided no information about the underlying case other than the July 24, 1995 stipulated judgment and his 2005 motion for judicial determination of arrearages. It appears from this material that this action was filed by the County of Santa Clara for enforcement of support orders. At the time judgment was entered Justin was almost 17 and his brother Aaron was 11. Father owed past due child support of $8,531.50.
The judgment is contained in a Judicial Council form. The judgment calls for father to make monthly child support payments of $277 per month for Justin and $462 per month for Aaron, for a total of $739 per month. The amount of the arrearages ($8,531.50) is inserted in a blank on the first page of the form. The following preprinted paragraph states that the obligor will make monthly payments on the arrearages. A monthly payment of $100 and start date of July 1, 1995 are inserted in the blanks within this paragraph but both terms, which were written in by hand, are crossed out. The next paragraph states: â€
