Kilroy

Kilroy v. Superior Court of L.A. Cty.

Good Law
1997 Cal. App. LEXIS 327·54 Cal. App. 4th 793·63 Cal. Rptr. 2d 390·97 Daily Journal DAR 5421·97 Cal. Daily Op. Serv. 3113
Court of Appeal of CaliforniaApril 28, 1997B107509California12,052 words

Opinion

Opinion

Turner, J.

I. Introduction

John B. Kilroy, Jr., a respondent in a family law child support modification proceeding brought by Sharon S. Cagle Winter, the mother of the minor, has filed a prohibition petition seeking to restrain the respondent court from proceeding with a hearing on an order to show cause concerning potential modification of a Georgia child support decree. Mr. Kilroy argues that the respondent court does not have jurisdiction to modify a Georgia child support order because of the Full Faith and Credit for Child Support Orders Act. (28 U.S.C. § 1738B.) We agree with Mr. Kilroy, issue our writ of prohibition, and direct the respondent court quash the order to show cause.

II. Procedural and Factual Background

On May 10, 1990, Mr. Kilroy and Ms. Cagle entered into a written agreement which provided: Mr. Kilroy was the father of the minor; Mr. Kilroy agreed to pay to Ms. Cagle $50,000 to provide for the minor; Mr. Kilroy agreed to purchase an annuity contract which would pay $2,750 per month beginning June 1, 1990, as child support; the $2,750 per month child support payment was to continue until the minor turned 18 years; if the minor died before turning 18 years of…

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