Amezquita

Amezquita v. Archuleta

Good Law
101 Cal. App. 4th 1415·124 Cal. Rptr. 2d 887
Court of Appeal of CaliforniaSeptember 13, 2002No. C038927California2,107 words

Opinion

lead Opinion

Nicholson, J.

Family Code section 4962 allows California courts to modify another state’s child support order if, among other things, the obligor of the order “resides” in California. The question presented is whether a person “resides” in California while stationed here in the military, even though his domicile remains in another state. We conclude he does not “reside” here for the purpose of applying Family Code section 4962. Because the trial court concluded otherwise and modified the support order, we reverse.

Background

The parties, who have three children (bom in 1981, 1984, and 1987), were divorced in 1990. The New Mexico decree set child support payable from Mark A. Amezquita (Husband) to Roberta D. Archuleta (Wife) at $600 per month. In September 1999, Wife, who had moved to California with the children, registered the out-of-state support order in Sacramento and obtained an order to show cause for a modification of the support. She filed a declaration stating that Husband, an employee of the United States Air *1418 Force, was living in San Pedro, California. The pleadings were served on Husband personally within California.

Husband, in propria persona, filed a responsive…

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