Legal Opinion

Amezquita v. Archuleta

California Court of Appeal

Decided September 13, 2002No. C038927PublishedCited by 9 opinions

1Opinion of the Court

Opinion

NICHOLSON, Acting P. 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,…

2Cases cited4 opinions

  1. Ketchum v. MosesCalifornia Supreme Court · 2001
  2. Torres v. Parkhouse Tire Service, Inc.California Supreme Court · 2001
  3. Smith v. SmithCalifornia Supreme Court · 1955
  4. In Re Marriage of ThorntonCalifornia Court of Appeal · 1982

3Cited by9 opinions

  1. Ferguson v. Wallace-FergusonNorth Dakota Supreme Court · 2018
  2. Kean v. MarshallCourt of Appeals of Georgia · 2008
  3. Berry v. CoulmanAlaska Supreme Court · 2019
  4. Jason Mouritsen v. Julia Mouritsen, n/k/a Julia TaubertAlaska Supreme Court · 2020
  5. Connolly v. Connolly (In re Connolly), California Court of Appeal, 5th District2018

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