County of Riverside v. Estabrook

Plaintiff-appellant Riverside County Department of Child Support Services (the County) filed a complaint against defendant-respondent Michael Lee Estabrook (Father), seeking $288 per month in child support, as well as any healthcare expenses, for J.L., Father’s alleged daughter, whose mother, J.L. (Mother), was receiving public assistance. Father requested and received a judgment of non-paternity, and dismissed the County’s complaint with prejudice. On appeal, the County argued: (1) the family court erred by not ordering genetic testing; (2) the family court’s decision to apply the marital presumption was not supported by substantial evidence; (3) the family court erred by permitting Father to assert the marital presumption because the presumption may only be raised by the spouses who are in the marriage; and (4) the family court’s finding of non-paternity was not supported by substantial evidence. The Court of Appeal determined the family court erred by not ordering genetic testing; the family court’s decision to apply the marital presumption was not supported by substantial evidence; and the family court’s judgment of non-paternity was not supported by substantial evidence. View "County of Riverside v. Estabrook" on Justia Law