Comstock

Comstock v. Comstock

Good Law
116 Cal. App. 3d 481·172 Cal. Rptr. 148·1981 Cal. App. LEXIS 1467
Court of Appeal of CaliforniaMarch 4, 1981Civ. 4263California2,590 words

Opinion

Opinion

Stone, J.

Plaintiff, whom we shall refer to as “wife,” brought this action against defendant, “husband,” seeking a money judgment for unpaid child support, based upon a decree of divorce entered in the State of South Dakota on December 23, 1966.

Husband appealed from that judgment contending that the trial court erred in refusing to allow his collateral attack upon that South Dakota decree, that an intervening action in the State of Colorado based upon the Uniform Reciprocal Enforcement of Support Act precluded enforcement of the South Dakota decree in California, and that the trial court erred in failing to find the wife’s action barred by the defense of loches. Wife cross-appealed contending that the trial court’s calculation of the amount of unpaid child support was incorrect.

Husband has abandoned his appeal, and has advised this court that in response to wife’s cross-appeal, he does not assert any issue contained in his original appeal. We, therefore, deal only with the narrow issue raised by. wife’s cross-appeal, whether the court erroneously interpreted the South Dakota decree in calculating the amount of unpaid child support.

The South Dakota decree awarded custody of…

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