In Re Marriage Of Rassier

96 Cal.App.4th 1431 (2002)

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Nature of the Case

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Facts

H and W were married in 1968, separated in 1984, and divorced in 1985. At the time of their divorce, both were residents of Florida. The Florida court ordered H to pay W 'permanent' spousal support of $900 per month, which support would terminate only upon W's or H's death or W's remarriage. Both moved away from Florida. In November 1998, H stopped making his spousal support payments. W sought to enforce, the Florida spousal support order in Los Angeles Superior Court because at that time H was a resident of Los Angeles County. The superior court ordered that H's employer withhold a portion of H's earnings and to pay the withheld earnings to W through the office of the court trustee. H filed an order to show cause in the same proceeding, asking the superior court to terminate the Florida court's spousal support order. W opposed the request on the ground that the California court does not have jurisdiction to modify or terminate the Florida court's order. The superior court granted H's request and ordered H's spousal support obligation reduced to $0 per month, holding that Florida no longer had exclusive and continuing jurisdiction over either party because neither party resided in Florida. W appealed.