Garnier
Garnier v. Chester
Opinion
Lead Opinion
Ramirez, J.
Former wife appeals from a trial court order which states that former husband’s obligation to provide support for the minor daughter of the parties is to terminate no later than the daughter’s 19th birthday. Under the original Oregon judgment of dissolution, support was to continue until the daughter reached the age of 21 provided she attended school up to that time. Appellant argues that the California court abused its discretion by modifying the Oregon support order in the absence of a request for modification. We agree with appellant.
Facts
Appellant Judy Yvonne Chester Gamier (Garnier) and respondent James Allan Chester (Chester) were married in 1970 in Riverside County. There were two children of the marriage, a son, Michael, bom in 1973 and a daughter, Staci, bom in 1978.
In an order dated June 14,1989, the marriage of the parties was dissolved effective July 6, 1989. Chester, who was and remains on active duty in the United States Navy, was stationed in Medford, Oregon, at the time of the dissolution and the dissolution was obtained in that state. Custody of the minor children was awarded to Gamier, who at that time was living in California, with visitation to…