Christensen v. Lightbourne

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Christensen, an applicant for aid under the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program, Welf. & Inst. Code, 11200, lives with her husband and her children. Her husband is the noncustodial parent of additional children, and court-ordered child support is garnished from his income for the benefit of these children who do not live in the applicant’s home. Counting the garnished amounts as nonexempt income to the applicant’s family, San Mateo County determined the family’s income was too high to qualify for CalWORKs cash aid and denied the application. The California Department of Social Services affirmed the denial. The trial court granted Christensen’s petition for writ of administrative mandate and request for declaratory relief, finding the Department’s policy of counting child support payments as nonexempt income was invalid on the grounds it was contrary to regulation, and it resulted in improper “double counting” of income among recipients of aid. The court of appeal reversed. No statute or regulation requires the exemption of the husband’s garnished child support from the income of applicant’s family, so the Department properly treated such amounts as income in determining the applicant’s family’s eligibility for CalWORKs cash aid. View "Christensen v. Lightbourne" on Justia Law