In Re the Marriage of Wells

Good Law
206 Cal. App. 3d 1434·254 Cal. Rptr. 185
Court of Appeal of CaliforniaDecember 29, 1989F009940California2,212 words

Opinion

Opinion

Martin, J.

On December 11, 1986, respondent Marguerite ML Wells filed an order in the Merced County Superior Court to show cause and temporary restraining orders relating to domestic violence. Respondent was acting in propria persona. Appellant husband Denis F. Wells filed a responsive declaration to the order to show cause and a notice of motion on December 17, 1986. On the same day, appellant filed a petition for dissolution of marriage. Proof of service of summons was filed on December 19, 1986.

The parties entered into mediation and stipulated regarding joint legal and physical custody of the two children of the fourteen-year marriage. The court ordered visitation rights per the mediation agreement. The stipulation did not make any reference to child or spousal support.

Default was entered against respondent wife on February 5, 1987. Service was by publication and a copy of the request to enter default was mailed to wife’s last known address.

On June 5, 1987, the County of Merced, on behalf of the minor children, Robert and Frank Wells, filed a complaint for child support and reimbursement of public aid against appellant husband.

A default hearing on appellant husband’s…

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