County of Yolo v. Francis

Opinion

SIMS, J.

Welfare and Institutions Code section 11350 1 and Civil Code section 248 allow a county to seek reimbursement from a noncustodial par ent when public assistance is paid to support a child. Section 11350 limits the noncustodial parent’s liability to his or her “reasonable ability to pay” during the period aid was granted to the child. In this case, we conclude an unemployed parent’s reasonable ability to earn income from work may be considered in determining the parent’s “reasonable ability to pay.”

Defendant contends the trial court erred as a matter of law in ordering him to…