Banks

Banks v. McMorris

Good Law
121 Cal. Rptr. 185·1975 Cal. App. LEXIS 1062·47 Cal. App. 3d 723
Court of Appeal of CaliforniaApril 29, 1975Civ. 44270California2,092 words

Opinion

Opinion

Kingsley, J.

This is an action arising under the Revised Uniform Reciprocal Enforcement of Support Act (RURESA). It was brought by petitioner, Mary Lee Banks, who sought to compel appellant Arthur McMorris to continue support payments (and pay arrearages) pursuant to an Ohio open court compromise agreement.

Petitioner Banks, a resident of Ohio, was the mother of two illegitimate children. On April 24, 1958, she filed complaints in bastardy under Ohio Revised Code section 3111.01 against appellant McMorris alleging that he was the father of the two illegitimate children. A warrant was issued for his arrest; six months later he was apprehended. Appellant pleaded not guilty to the paternity charges and was released from jail after filing a bond. The case was set for a jury trial.

Before the matter was brought to trial, however, petitioner and appellant appeared in court with their attorneys and, pursuant to Ohio Revised Code section 3111.07, they agreed to a compromise settlement. This agreement was, in accordance with the statute, entered on the docket of the trial judge. Under the terms of the compromise, appellant was to pay petitioner $25 per child per month. At first, the payments…

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