Gerkin
Gerkin v. Gerkin
Opinion
lead Opinion
Fybel, J.
Introduction
The Orange County Department of Child Support Services (DCSS) appeals from an order of the Orange County Superior Court, which found a child support provision in a California judgment of dissolution had been nullified by an order of the Sedgwick County District Court in Kansas. We reverse.
*608 Under the provisions of the Revised Uniform Reciprocal Enforcement of Support Act (RURESA) (9C West’s U. Laws Ann. (2001) RURESA, § 1 et seq.; Code Civ. Proc., former § 1650 et seq.), DCSS filed a petition in the Kansas court to obtain a support order enforceable against Charles Randall Gerkin in the State of Kansas. The order issued by the Kansas court set a lower amount of support than had been provided for in Charles and Louise E. Gerkin’s dissolution judgment entered in California. 1 Because the Kansas court’s order did not specifically state it was modifying or nullifying the existing support provision in the California dissolution judgment, under RURESA, it could not set a lower amount of support than as provided in the earlier California judgment. (9C West’s U. Laws Ann., supra, RURESA, § 31; Code Civ. Proc., former § 1689.) Although Charles apparently made…