Lundahl v. Telford

• Decision Date: 27 February 2004
• Docket Number: No. G030846.,G030846.
• Court: California Court of Appeals Court of Appeals
• Parties: Gerald D. LUNDAHL, Plaintiff and Appellant, v. Ruth M. TELFORD, Defendant and Respondent; Orange County Department of Child Support Services, Intervener and Respondent.

9 Cal.Rptr.3d 902

116 Cal.App.4th 305

Gerald D. LUNDAHL, Plaintiff and Appellant, v. Ruth M. TELFORD, Defendant and Respondent;

Orange County Department of Child Support Services, Intervener and Respondent.

No. G030846.

Court of Appeal, Fourth District, Division 3.

February 27, 2004.

Certified For Partial Publication.^*

As Modified on Denial of Rehearing March 29, 2004.

Family Law Appellate Associates and Jeffrey W. Doeringer, Huntington Beach, for Appellant.

Ruth M. Telford, in pro. per., for Respondent.

Bill Lockyer, Attorney General, James M. Humes, Assistant Attorney General, Frank S. Furtek and Mary Dahlberg, Deputy Attorneys General, for Intervener and Respondent.

Barry J. Brooks as Amicus Curiae, upon the request of the Court of Appeal.

OPINION

ARONSON, J.

Gerald Lundahl contends the trial court erred in denying his petition to vacate registration of several Utah spousal support orders in favor of his former wife, Ruth Telford. Lundahl argues the five Utah orders, issued between 1991 and 1999, are void for lack of subject matter jurisdiction because the parties' 1977 dissolution of marriage in California invested California with exclusive jurisdiction over spousal support. We disagree and affirm. In doing so, we revisit well-established provisions of the Revised Uniform Reciprocal Enforcement of Support Act (RURESA) permitting concurrent support orders in different jurisdictions for differing amounts. We consider whether RURESA's replacement, the Uniform Interstate Family Support Act (UIFSA), codified at Family Code section 4900 et seq.,¹ establishes a mechanism for settling upon a single order as controlling among multiple spousal support orders, as opposed to child support orders. Under UIFSA's express terms, we conclude there is no provision for a single controlling spousal support order.

I FACTS AND PROCEDURAL BACKGROUND

Lundahl and Telford were married in Utah in 1952. They later moved to Los Angeles. After 25 years of marriage and 12 children, Lundahl and Telford dissolved their marriage in 1977. The judgment of dissolution, issued by the Los Angeles family court, set child support at $1,600 per month and spousal support at $600 per month. A paragraph in the decree labeled "Reservation of Jurisdiction" stated: "The court reserves jurisdiction of the above-entitled matter and as to all such issues as may be necessary to effect the purposes and intent of this order." The decree awarded Telford custody of the minor children and she returned to Utah. The next year, Lundahl alleged problems had developed with his visitation rights. He filed an action in the Utah courts, and the visitation issue was apparently resolved.²

In 1987, Lundahl renewed litigation in Los Angeles. The matter was transferred to Orange County. On August 24, 1987, the Orange County court set child support at $1,800 per month for four children until the eldest emancipated, then $1,500 for three children until the next eldest emancipated, then $1,200 per month for two children until one emancipated, and finally $600 per month until the youngest emancipated. The court set spousal support at $1,000 per month until the eldest child emancipated, whereupon it would increase to $1,050 until the youngest child emancipated, and then continue at $1,250 until the death of either party or remarriage of Telford.

In 1989, on Lundahl's motion, the Orange County court modified custody by awarding him physical custody of one of the parties' minor children. Telford did not appear.

In 1991, seeking enforcement of child and spousal support, Telford filed in Utah the first of several petitions that are the subject of this appeal. Lundahl did not appear at a hearing on the court's order to show cause on April 24, 1991. The court found Lundahl had ceased paying $3,000 a month in "family" support and ordered him to resume paying that amount. Lundahl appeared at the next hearing on August 29, 1991, and the court set arrears at $3,500. Neither the $3,000 monthly "family" support amount, nor the $3,500 arrears amount were broken down into separate amounts for child and spousal support.

Lundahl again visited the Orange County courthouse in 1993, seeking custody of the parties' only remaining minor child. The court granted Lundahl's custody request and terminated his child support obligation. Telford did not appear.

The same year, a judgment in the Utah court established arrears at $29,200 through February 1993. Lundahl appeared at this hearing. In his written brief, he argued the court had no jurisdiction over "support arrearages and in fact California has jurisdiction over this matter." But the court expressly concluded it had jurisdiction. The $29,200 in arrears ordered by the court was a lump sum; it did not distinguish between child and spousal support.

In November 1994, Lundahl sought a reduction of spousal support in Orange County. Telford testified and the matter was continued. She failed to appear at the next hearing, and spousal support was reduced to $500 per month, beginning July 1994. Lundahl asserts this is the controlling amount.

In January 1995, Lundahl entered into a stipulation with the Riverside County District Attorney's Office. He agreed his "child support and/or arrears" from August 1991 through December 1994 were $31,498.18, and consented to pay $1,852.83 per month towards these arrears. The stipulation, filed in the Riverside County Superior Court, expressly included the $500 per month due under the 1994 Orange County spousal support order, but did not specify whether any other portion of the "arrears" was for accrued spousal support or only for delinquent child support.³

In April 1995, on Telford's petition, the Utah court set spousal support at $2,235 per month and arrears at $62,100, plus attorney fees of $5,200. Lundahl did not appear at the hearing on the petition. The court's order noted the $62,100 arrearage was "based upon the temporary alimony and child support award of $3,000.00 per month, adjusted by deducting the sum of $300.00 of said amount representing the amount of child support and multiplying the remainder of $2,700.00 by the months which have passed since the last judgment, the plaintiff having paid nothing since that time."

Telford then attempted to set aside the Orange County court's 1994 spousal support order. In a motion to vacate the order, she claimed misinformation from Lundahl's counsel caused her to skip the hearing at which spousal support was reduced to $500. The court rejected her claim of extrinsic fraud or mistake, concluding she "was in court on the 18th, she knew of the continued date, she may have misunderstood, I'll give her the benefit, [but] I don't think there is any ... extrinsic fraud, or any showing here that she was denied her right to appear...." (In re Marriage of Lundahl (Aug. 26, 1997, G019679) [nonpub. opn.] p. 4.) On appeal, Telford changed tactics and asserted for the first time the trial court "was without in personam or in rem jurisdiction ... because she made a special appearance ... and there was no other basis on which the court could assume jurisdiction." (Ibid.) We concluded Telford waived the argument, and further noted the record did not establish a special appearance and that, even if it had, "the court, pursuant to the dissolution judgment, maintained jurisdiction over the parties and spousal support." (Id. at p. 5.)

In February 1999, after a hearing in Utah at which Lundahl again failed to appear, the Utah court entered an order establishing "back alimony" at $62,991.72, plus interest, as well as $500 in attorney fees. The court's order did not specify the period covered by the $62,991.72 figure.

On October 24, 2001, the Family Support Division of the Orange County District Attorney's Office registered the two 1991 Utah orders and the 1993, 1995, and 1999 Utah orders for enforcement in California. Lundahl subsequently moved to vacate registration on five grounds: (1) the Utah court lacked personal jurisdiction over him; (2) the Utah support orders had been vacated, suspended, or modified by a later order; (3) the amount of arrears was incorrect; (4) some or all of the arrears were not enforceable; and (5) laches. In an amended order entered on September 27, 2002, the trial court concluded Lundahl presented insufficient evidence to vacate registration on any of these grounds. On Lundahl's claim that the Utah orders were void for lack of subject matter jurisdiction, the court specifically found: "The Utah Court had jurisdiction to make the orders because there was concurrent jurisdiction in both Utah and California." The court confirmed registration of each of the Utah orders and ordered "all stays on enforcement lifted."

The court "reserve[d] on the issue of the amount of arrears owed" and a hearing was eventually scheduled for several months later. In an abundance of caution, Lundahl appealed the trial court's denial of his petition to vacate registration of the Utah orders, and also sought a writ of supersedeas to stay enforcement of the registered orders. We denied the petition seeking writ relief. Meanwhile, in its ruling denying Lundahl's petition to vacate registration, the trial court had ordered "the District Attorney's Office to use its best efforts to prepare an accounting of arrears" and mail it to the parties. On being apprised of Lundahl's appeal, the trial court deferred the accounting pending our decision in this matter.

II DISCUSSION

A.-B.^**

C. Jurisdictional Claims

Lundahl's sole contention on appeal is that the Utah orders were void for lack of subject matter jurisdiction because the parties' 1977 dissolution in California invested California with exclusive jurisdiction over spousal support. He argues the Utah orders were thus unenforceable and the court erred by not vacating registration. Section 4956, subdivision (5), requires registration of a support order to be vacated where a defense to enforcement exists under state law. "...