Cnty. of San Diego Dep't of Child Support Servs. v. C.A.
Cnty. of San Diego Dep't of Child Support Servs. v. C.A.
Opinion of the Court
*359*616The County of San Diego Department of Child Support Services (the Department) challenges the order denying its request for establishment of child support against C.A. (Mother), for her daughter J.H. J.H. resides in Maryland with her paternal grandmother, who has sole legal and physical custody. The Department contends the court's denial incorrectly applied Family Code
BACKGROUND AND PROCEDURAL FACTS
Mother and R.H. (Father) were married and living in Hawaii with their two-and-a-half-year-old daughter, J.H., when their marriage was dissolved in *6172012. The court awarded legal custody to Mother and Father jointly and awarded Father with physical custody. Mother was awarded visitation. Father was ordered to maintain health care insurance for J.H.'s benefit. Mother was ordered to pay $ 70 per month directly to Father for child support.
In May 2012, Father moved with J.H. to Maryland, where Judith H., J.H.'s paternal grandmother (Grandmother), resided. Grandmother became the primary caregiver for J.H. in 2012, and in May 2013, she filed a complaint for legal and physical custody of J.H. in the Circuit Court for Montgomery County, State of Maryland. Grandmother alleged neither biological parent was in a position to care for J.H., and it was in J.H.'s best interests for Grandmother to have full legal and physical custody. Grandmother also sought a child support order against Mother and Father.
In August 2013, Grandmother filed a praecipe in the Maryland court requesting to enroll the Hawaii divorce decree as a foreign judgment in the State of Maryland, as well as an amended petition seeking to modify custody and visitation, granting her sole legal and physical custody. She also sought an order instructing Mother and Father to pay her child support.
Father did not contest Grandmother's request for custody. Mother was served with the Maryland summons, complaint for custody, domestic case information sheet, and a summons and the amended petition to modify the custody and visitation order; she did not file an answer or response. Grandmother sought a default judgment against Mother, and on November 15, 2013, the Maryland court granted sole legal and physical custody of J.H. to Grandmother. On September 2, 2014, the Maryland court entered a consent child support order that awarded $ 310 per month from Father, as well as additional arrearages.
The State of Maryland, on behalf of Grandmother, requested a child support order against Mother via a petition pursuant to the Uniform Interstate Family Support Act (UIFSA). Consistent with California law, the San Diego Department of Child Support Services filed a summons *360and complaint seeking to establish child support.
At a hearing on the matter on February 26, 2018, the trial court concluded the lack of an agreement between Mother and Grandmother regarding child *618support payments left Grandmother without jurisdiction to pursue the payments. The trial court commented: "It's not a guardianship. It's a simple grandparent custody. ... Petitioner went to court and asked for an order giving her custody, a voluntary assumption of custodial rights. [¶] ... [This is] not the same thing as one parent or another who has a law-imposed duty, each parent to support the child to their ability to each other. It is someone who [has] voluntarily undertaken the support and care of the child without an agreement." Accordingly, the court denied the Department's request for a child support payment. The Department timely appealed. Respondents did not file briefs.
DISCUSSION
This appeal turns on the interpretation of section 3951, subdivision (a), which states that a parent is not obligated to compensate a relative for "the voluntary support of the parent's child" unless there is an agreement for compensation. The Department contends that once Grandmother was awarded custody of J.H., her support of J.H. was not voluntary because it was court-ordered. In the hearing on the matter, the trial court concluded that because Grandmother sought physical and legal custody, the subsequent court order had no impact on the voluntary nature of her actions. Thus, absent an agreement with Mother for Mother to pay child support, Mother was under no obligation to do so.
Although we typically review an order for child support for an abuse of discretion, we review questions of statutory interpretation de novo. ( Kern County Dept. of Child Support Services v. Camacho (2012)
At issue is the meaning of the word "voluntary" in section 3951, subdivision (a), which states that "[a] parent is not bound to compensate the other parent, or a relative, for the voluntary support of the parent's child, without an agreement for compensation." The plain meaning of the word "voluntary" is that the action is "done, made, brought about, undertaken, etc., of one's own accord or by free choice." (Random House Unabridged Dict. (2d Ed. 1993) p. 2131.) Placed in the context of section 3951, it means the relative must be supporting the child of his or her own accord or by free *619choice. Thus, if a relative is choosing to provide support for a child, the parent is not obligated to compensate *361the relative absent an agreement. (See § 3951, subd. (a).)
This is the meaning our colleagues in the Third District applied in Plumas County Dept. of Child Support Services v. Rodriguez (2008)
The appellate court similarly concluded that section 3951 has "long been interpreted to deny compensation in intrafamily support arrangements of the type at issue here , unless the parties have an express agreement for support." ( Plumas , supra , 161 Cal.App.4th at p. 1028,
The present case is not an example of the intrafamily support arrangement at issue in Plumas. Here, the Department's request is for a noncustodial parent, Mother, to pay child support, while in Plumas the request was for the custodial parent to pay child support. ( Plumas , supra , 161 Cal.App.4th at p. 1026,
Additionally, unlike in Plumas, where the parents and the Andersons agreed to have the child reside with the Andersons ( *620Plumas , supra , 161 Cal.App.4th at p. 1025,
Plumas provides a quintessential example of "voluntary support" for the child because the Andersons were not under court order and held no legal obligation to continue providing care. (See Plumas , supra , 161 Cal.App.4th at p. 1030,
Moreover, Grandmother's assumption of sole custody of J.H. did not eliminate Mother's legal obligation to support J.H. because the court's order did not terminate parental rights. ( County of Ventura v. Gonzales (2001)
DISPOSITION
We vacate the order and remand the matter to the trial court for new proceedings consistent with this opinion.
WE CONCUR:
HALLER, J.
O'ROURKE, J.
Further section references are to the Family Code unless otherwise indicated.
Local child support agencies (LCSA) in each California county have a duty to establish, modify, or enforce child support orders. (§§ 17304, 17400, subd. (a), 17404, subd. (a).) LCSA provide services to children whether or not they receive public assistance, including to persons residing outside the state. (
It is unclear if the arrangement would be considered voluntary under Maryland law, where in at least one case, a relative's voluntary assumption of responsibility over a minor child resulted in a legal obligation, even though there was no court order awarding custody. (See, e.g., Owens v. Prince George's County Dep't. of Soc. Servs. (2008)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.