Carpy

Filed 8/28/13 Carpy v. Carpy CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

JOHN CARPY,

Appellant,

A135261

v. ANN CARPY, (Napa County Super. Ct. No. 2638095) Respondent.

Appellant John Carpy, an adult who is “incapacitated from earning a living” and “without sufficient means,” challenges one provision of an order requiring his mother, Ann Carpy,1 to provide child support under Family Code section 3910. Specifically, John challenges the provision of the support order specifying support will terminate on his mother’s death. We agree this provision was not properly included in the support order, order the phrase stricken and, as modified, affirm the support order.

FACTUAL AND PROCEDURAL BACKGROUND

In June 2007, John filed a petition…