Medina v. Medina
This appeal arises out of the Uniform Interstate Family Support Act (UIFSA), codified in this state at Family Code section 4900 et seq.[1] Under section 4911, in instances in which there are multi jurisdictional child support orders, a party may seek an order determining which of the orders is the controlling order. In this case, child support orders issued by California and Colorado obligated the father, defendant and respondent Jose Luis Medina (Jose), a California resident, to pay child support for his three minor children residing in Colorado. Intervenor and appellant Santa Cruz County Department of Child Support Services (Department) filed a motion under section 4911 seeking a determination, as between prior child support orders issued by California and Colorado, as to which order was the controlling order. The court held, inter alia, that a 1995 order entered in California modified a prior support order originating from Colorado and that the California support order was the controlling order.
On appeal, the Department argues that the court erred in concluding that the California support order was the controlling order. Additionally, the Department contends that the court erred by identifying different controlling orders for different time periods for purposes of reconciling arrears. We conclude that the court erred and that the Colorado child support order entered in 1994 is the controlling order. Further, we decline the Departments invitation to address the reconciliation of arrearages, an issue that was not a subject of the order from which the appeal is taken. Court reverse the order of the trial court.
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