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M. H. v. J. K.

Paid petition · Court of Appeal of California, Fourth Appellate District, Division One, No. D072075 · judgment December 8, 2017


Certiorari denied · June 18, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Under the Supremacy Clause does Federal law on ordering child support to be paid "exclusively" by absent parents, preempt state law when Federal funds are involved? Do the State of California laws on ordering child support to be paid by "Fathers" discriminate and violate Petitioner's rights under the Equal Protection guarantees of the Fourteenth Amendment of the United States Constitution, and Sections 7(a)(b) and 31, Article I of the Declaration of Rights of the State of California's Constitution? Do the Honorables Michael D. Washington and James A. Mangione violate Federal Statutes 28 U.S.C. § 455(a)(b)(4) by receiving two thirds of their salaries from their performance of ordering child support, and does this violate Petitioner's due process rights under the Fourteenth Amendment of the United States Constitution? Do the tribunals of the State of California have jurisdiction to order child support from Parents with joint custody without any California laws that provide due process for Parents with joint custody? When the State of California made an order to not order child support going forward, but then several months later ordered that they did order child support that causes Petitioner to owe $8,000, but the hearing transcripts indicate the Court did not order child support, does this violate Petitioner's rights to due process?

Counsel of record

For petitioner
Michael Hucul

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 18 2018
    Petition DENIED.
  2. May 29 2018
    DISTRIBUTED for Conference of 6/14/2018.
  3. Feb 20 2018
    Petition for a writ of certiorari filed. (Response due May 14, 2018)