McCartney v. Superior Court, Okmulgee Division, Okmulgee County
| Citation | 101 P.2d 245,187 Okla. 63,1940 OK 171 |
| Decision Date | 02 April 1940 |
| Docket Number | 29696. |
| Parties | McCARTNEY v. SUPERIOR COURT, OKMULGEE DIVISION, OKMULGEE COUNTY, OKL., et al. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
1. The trial court does not have jurisdiction to enforce its order to pay child support by contempt proceedings on accrued unpaid installments commenced after the child has reached majority.
2. Prohibition is the remedy where an inferior tribunal assumes to exercise judicial power not granted by law, or is attempting to make an unauthorized application of judicial force.
Original proceedings in the Supreme Court by Raymond R. McCartney petitioner, against the Superior Court, Okmulgee Division Okmulgee County, Okl., and the Honorable Harland A. Carter Judge of the Superior Court, for a writ of prohibition to prohibit the Superior Court and the judge thereof from proceeding against the petitioner for contempt.
Writ of prohibition granted.
C. E B. CUTLER, of Okmulgee, for petitioner.
A. N. BOATMAN, of Okmulgee, for respondent.
This is an original proceeding in this court by the plaintiff in a divorce action for a writ of prohibition against the Superior Court of Okmulgee County, and Honorable Harland A. Carter, judge thereof, to prohibit said court and the said judge from asserting further jurisdiction in said divorce case, and particularly to prohibit contempt proceedings against him on account of past due installments ordered by the court in the decree for child support, the said minor child having now attained her majority.
The undisputed facts in the case are that the minor child for whose support the payments were ordered has attained her majority, and that the payments sought to be enforced by contempt proceedings accrued during her minority.
The question involved is one of jurisdiction. Does the court retain its jurisdiction to enforce these payments, or did its jurisdiction terminate by operation of law when the minor reached the age of majority?
The court derives its jurisdiction with respect to children of divorced parents from Section 671, O.S.1931, Sec. 1277, Title 12, Oklahoma Statutes Annotated, which is as follows: "When a divorce is granted, the court shall make provision for guardianship, custody, support and education of the minor children of the marriage, and may modify or change any order in this respect, whenever circumstances render such change proper either before or after final judgment in the action."
The language of the statute expressly limits the jurisdiction of...
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