In Re Marriage of Ward

California Court of Appeal Oct 6, 1994 No. A064418Published

Before: Dossee

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Holding. A foreign child support order issued under the Revised Uniform Reciprocal Enforcement of Support Act (URESA) does not modify a prior California support order unless the foreign court specifically addresses and litigates the issue of modification. Consequently, the custodial parent is not barred by waiver or estoppel from enforcing the original California support order.

Issues

Does a URESA support order automatically modify a prior California child support order?
Does a stipulated URESA order preclude the enforcement of a prior California support order under the doctrines of waiver or estoppel?

Disposition. reversed

Quotations verified verbatim against the opinion

“[T]he amount on the face of the reciprocal order merely represents the sum currently enforceable.”

“Any reliance by respondent on the Colorado order as being a modification of the original order was unreasonable and unsupported by statutory or case law.”

29 Cal.App.4th 1452 (1994) 35 Cal. Rptr.2d 32 In re the Marriage of LINDA L. and JOHN R. WARD.

LINDA L. WOODYARD, Respondent

JOHN R. WARD, Respondent; COUNTY OF CONTRA COSTA, Intervener and Appellant.

Docket No. A064418. Court of Appeals of California, First District, Division One.

October 6, 1994. [1454] COUNSEL

Daniel E. Lungren, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, Carol Ann White, Assistant Attorney General, and Mary A. Roth, Deputy Attorney General, for Intervener and Appellant.

Presto & Heasom and Frank D. Presto III for Respondent John R. Ward.

No appearance for Respondent Linda L. Woodyard.

OPINION

DOSSEE, J.

Contra Costa County, intervener in an action for child support brought by Linda L. Woodyard, appeals an order of the superior court reducing child support arrearages set by a previous California support order to reflect an amount allotted by a later Colorado order. We hold that Woodyard did not waive the provisions of the California order and that she is not estopped from collecting under that order.

[1455] FACTUAL AND PROCEDURAL BACKGROUND

An interlocutory judgment of dissolution of the marriage of Ward and Woodyard was filed on December 27, 1978, in Contra Costa County. That judgment awarded custody of the couple's child, born September 15, 1974, to Woodyard. Ward was required to pay $200 a month for child support until the child attained majority, married or became self-supporting. Final judgment was filed on April 9, 1979. On May 11, 1979, Ward's support obligation was modified to decrease the payment to $150 per month commencing April 20, 1979.

In Re Marriage of Ward

AI Brief

OPINION

DOSSEE, J.

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DISCUSSION

NOTES

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