Victorious Loan Ranger

Alexandre A. Rocha, 30, is a student at the University of San Diego Law School, but already he has scored a legal victory that few lawyers can brag about.

Two weeks ago, Rocha helped to establish state law that a student loan cannot be considered income when calculating child support.

A San Bernardino judge had told Rocha that the $9,000 remaining from his student loans--after his tuition, books and other school expenses--represented income. When the judge increased Rocha’s support for his two children to $400 a month--a 100% increase--the law student filed an immediate appeal.

Rocha, who later lost the loans, agreed to pay his wife $350 monthly. He said he pursued his appeal to establish case law because no one in California had previously challenged that interpretation of the law.

An appeals court in San Bernardino agreed with Rocha, marking the first time any court in California has addressed the issue.

The court noted that other states--including Wisconsin, Florida, Montana and Colorado--have held that student loans should not be considered income. Only Minnesota has ruled differently.

“It’s a good decision for working parents who want to better themselves through education without being placed in a position where they have to do more than any other parent,” said Rocha, who graduates next December.