In Re Marriage of Lackey

The only issue in this case is whether a small claims court judgment determining arrearages based on the existing superior court order for child support has a res judicata effect on a subsequent action in superior court to determine arrearages accruing prior to the small claims action. We hold that the small claims court has no subject matter jurisdiction in such a case and therefore its judgment has no res judicata effect.

Appellant father and respondent mother were married on June 19, 1968, and an interlocutory judgment of dissolution of their marriage was entered on June 26, 1970, incorporating the property settlement agreement of the parties. The agreement included a provision for child support in the amount of $65 per month, to begin the 15th day of the month following the birth of the couple’s child. The child was bom on September 23, 1970.

On June 4, 1973, respondent mother filed an action in small claims court in order to collect $485 in child support arrearages. Her statement to the clerk in support of this action described the nature of the claim as “unpaid child support payments from Oct. Nov. Dec. 1972 Jan. Feb. March 1973, Apr. & May.” Judgment in her favor…