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Modification: In re Marriage of Connolly

Ruling by

Elena J. Duarte

Lower Court Judge

Douglas Phimister

Court order adding interest to final judgment of another state reversed where full faith and credit clause bars court from modifying final judgment.





Cite as

2018 DJDAR 2362

Published

Mar. 14, 2018

Filing Date

Mar. 12, 2018

Opinion Type

Modification

Disposition Type

Reversed


In re the Marriage of DIANE and JOSEPH CONNOLLY.

 

DIANE CONNOLLY,

Respondent,

v.

JOSEPH CONNOLLY,

Appellant;

 

EL DORADO COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES,

Intervener and Respondent.

 

Nos. C080256 & C083238

(Super. Ct. No. PFL20030299)

California Courts of Appeal

Third Appellate District

(El Dorado)

Filed March 12, 2018

 

THE COURT:

 

It is ordered that the opinion filed herein on February 9, 2018, be modified as follows:

1. On page 9, the last sentence of the second paragraph should be deleted and replaced with the following sentence:

Rather than a controlling order, we find the Utah judgment to be an order from a determination of arrears, an action recognized and authorized in UIFSA. (See Fam. Code, § 5700.305, subd. (b)(4); Utah Code Ann., § 78B-14-305, subd. (2)(d).)

The paragraph shall now read:

Here, the Utah judgment does not conflict with the California support order. It does not change the amount of support due or otherwise modify the California support order. Rather, it simply calculates the arrearages for both spousal and child support as of November 2012. Rather than a controlling order, we find the Utah judgment to be an order from a determination of arrears, an action recognized and authorized in UIFSA. (See Fam. Code, § 5700.305, subd. (b)(4); Utah Code Ann., § 78B-14-305, subd. (2)(d).)

This modification does not change the judgment.

 

FOR THE COURT:

 

 

Blease, Acting P. J.

 

Hull, J.

Duarte, J.

#270959

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