Kaminski v. Kaminski

Opinion

ELKINGTON, J.

Plaintiff Sonja J. Kaminski appeals from a judgment declaring that she may not enforce collection in California of alimony and child support awards decreed by a Wisconsin divorce judgment against her ex-husband defendant Richard L. Kaminski.

The evidence is without conflict.

The parties were married in California in 1955 and thereafter moved to Wisconsin. A child was born to them in 1957. They separated some time after March of 1960, Sonja taking custody of the child. After Richard had returned to California Sonja commenced a Wisconsin action which resulted in a default judgment of divorce in April 1962. Among other things it provided that Richard pay to Sonja each week, $10 in alimony and $10 for the support of their child. The judgment further provided that Richard have the right “to visit said child at reasonable times and occasions.”

Richard testified that some time after the divorce and prior to April 1963, Sonja’s father told Richard “that she refused to see me or let me see the boy, and I decided there’s no sense going back [to Wisconsin] after that.” Richard endeavored to arrange for the boy’s health and dental insurance but “she [Sonja] didn’t want it.” In April 1963, Richard telephoned Sonja

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and asked to talk to the boy. She said, “ ‘As far as you’re concerned, you’re dead. He has no father and he thinks you’re dead. Let’s leave it that way.’ ” Richard insisted on talking to his son who then came on the phone and said, “ ‘Hello, I don’t want to talk to you.’ And that was the extent of the conversation.” Sonja returned to the telephone saying, “ ‘See? Now, just stay out of my life and leave me alone.

I don’t want anything from you at all.’

” (Italics added.)

On June 29, 1963, Sonja remarried. In 1966 “her present husband commenced adoption proceedings and the step-parent adoption was granted.” Richard “contested it and failed, and at this time he has no rights whatever.”

Richard never made any payment as required by the divorce judgment. Sonja at no time since the judgment “requested money in any way.” In April 1967 Sonja commenced the California action from which this appeal emanates. The first knowledge that Richard had “that she was making a claim for alleged support arrearages was when [he was] served with this complaint and summons” in the instant action.