Newman
Newman v. Newman
Opinion
Lead Opinion
Epstein, J.
In this case we hold that Family Code section 4908 does not divest a California court from making a spousal or child support order, even though a marriage dissolution is pending or has been granted in another state and the California spouse has not challenged the jurisdiction of that state, so long as the out-of-state proceeding does not raise an issue concerning such support.
Factual and Procedural Summary
The parties to this litigation are D’Arcy J. Newman (Wife) and Louis V. Newman (Husband). They were married in 1967 and lived together in California until their separation in 1986 or 1992 (depending on whose papers are credited; the difference is immaterial to issues on this appeal). There are *848 two children of the marriage, both of whom had reached adulthood by the time the proceedings discussed here were commenced. The children resided with Wife in California. Husband moved, eventually settling in the State of Georgia. He sent money to Wife for her support and for the support of their children, until he obtained a divorce in Georgia. He commenced dissolution proceedings there on October 6, 1998. His original pleading addressed the issue of spousal support, but…