Starr v. Starr

PEEK, J.

This is an appeal by the defendant from three orders of the trial court: (1) For support of the minor child of the parties pendente lite and attorney’s fees; (2) for attorney’s fees on appeal, and (3) for support of the child pending appeal. Since the appeals were predicated upon the same grounds the parties have stipulated that they should be treated as one appeal.

The pertinent facts (and they are not contradicted) are that in 1949 the plaintiff secured a decree of divorce from the defendant in the State of Nevada. Under the terms of that decree she was awarded the custody of the minor child of the parties, then aged approximately 5 years, and the defendant was ordered to contribute the sum of $25 per month for the support of the child. Thereafter the plaintiff and the child became domiciled in Sonoma County of this state and ever since have resided in that county. On February 23, 1951, the plaintiff filed an action in the superior court of said county entitled “Complaint for Child Support” in which she sought additional sums for the support of said child. The defendant father was personally served with a copy of the complaint and the order to show cause why he should not be ordered to pay a reasonable sum for the support of the child, attorney’s fees and court costs. The complaint alleged the previous divorce and custodial decree of the Nevada court; that the child and plaintiff were residents of this state; that the defendant was a resident of the State of Pennsylvania, and that by reason of the changed circumstances of the child and of the parties, additional sums should be awarded for her support. The defendant appeared specially and moved that the action be dismissed upon the ground that he was not subject to the jurisdiction of the courts of this state in that he was not a resident thereof. A further ground which was argued at that time, that is, his immunity from service by reason of the provisions of the Soldiers and Sailors Relief Act is not raised on appeal. After oral argument on his motion and the submission thereof, the court denied the same and ordered the defendant to pay the sum of $75 per month to plaintiff for the support of said child. Attorney’s fees were also awarded as were plaintiff’s costs. Upon defendant’s taking this appeal a further order was made ordering defendant to pay additional sums as attdr

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ney’s fees and costs. It is from these orders that defendant now appeals.