Case v. Cas

103 P.3d 171 (2004)

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Nature of the Case

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Facts

F and M were married in California, in 1992. Two children were born. In March 2002, the parties obtained a divorce judgment) in California. At the time of the divorce, M and the two children had moved to Utah, and F had moved to Maryland. Under the Divorce Judgment, 'child support is ordered as set forth in the attached.' The parties also signed a 'Marital Settlement Agreement' which includes a statement reserving the issue of child support. The MSA also states, 'the parties stipulate that, if the child support awarded is less than the mandatory minimum level, no change of circumstances need be demonstrated to obtain a modification of the child support award to the applicable mandatory minimum level or above.' In March 2003, M filed a 'Verified Petition for Domestication of Decree and Modification of Decree' in Utah. F was served in Maryland, and M then filed a motion for summary judgment. F failed to file a response, and the trial court issued a ruling granting M's motion for summary judgment. F then filed a motion for relief from judgment, which the trial court denied. F appealed.