In Re The Marriage Of Amezquita & Archuleta

124 Cal. Rptr. 2d 887 (2002)

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Nature of the Case

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Facts

H and Roberta (W) have three children (born in 1981, 1984, and 1987). They were divorced in 1990. The New Mexico decree set child support payable by H 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. H was in the Air Force and was living in San Pedro, California. The pleadings were served on H personally within California. H, in propria persona, filed a declaration stating that he did not consent to the requested order. H is a sergeant in the Air Force assigned to active duty in California. He maintains a New Mexico driver's license. He votes and files income tax returns there. H holds, in his words, a 'residual interest' in his parents' home in New Mexico and intends to return to that state when he retires from the military. The trial court concluded it had jurisdiction to modify child support. W submitted and the trial court signed an order requiring H to pay a total of $974 in monthly child support. The court also found H was in arrears on support payments under the New Mexico order and directed Husband to pay $50 per month to satisfy that debt. H appealed.