Napolitano v. Napolitano
| Decision Date | 18 December 1986 |
| Docket Number | No. 85CA0218,85CA0218 |
| Parties | Marilyn Lesley NAPOLITANO, Obligee-Petitioner-Appellant, v. Richard Severino NAPOLITANO, Obligor-Respondent-Appellee. . III |
| Court | Colorado Court of Appeals |
Barney Iuppa, Dist. Atty., Gerald A. Kimble, Jr., Deputy Dist. Atty., Colorado Springs, for obligee-petitioner-appellant.
No appearance by obligor-respondent-appellee.
In this action pursuant to the Uniform Reciprocal Enforcement of Support Act, § 14-5-101, et seq., C.R.S. (URESA), petitioner, Marilyn Lesley Napolitano, appeals the trial court's child support orders. We reverse and remand for further proceedings.
Petitioner and respondent, Richard Severino Napolitano, were divorced in England in 1978. Respondent was ordered to pay child support in the weekly amount of 24 British pounds sterling for the support of each of the parties' minor children "whilst under the age of 17 years," the age of emancipation in England. Respondent later moved to Colorado but petitioner and the children remained in England.
In 1981, at petitioner's request, the District Attorney filed a petition for child support pursuant to URESA and other applicable laws. After a hearing, the court ordered the respondent to pay $200 per month current support for all three children until they reached majority or became emancipated, plus accrued arrearages.
In 1984, respondent filed a motion seeking to terminate child support, alleging that two of the three children were over 17 years of age and, thus, emancipated under English law. The trial court granted that motion and also ordered that respondent pay $100 per month support for the remaining child, until that child reached age 17, at which time support would terminate.
In its order concerning the two older children, the court's reasoning was in the alternative. First, it concluded that, since the two older children were emancipated under English law at age 17, equity dictated that the Colorado court should also consider them to be emancipated as a matter of law. Additionally, the trial court concluded that these children were emancipated because they were no longer attending school.
Petitioner contends that the trial court erred when it concluded that the age of emancipation in England dictated a determination that child support should terminate at that same age in Colorado. We agree.
Section 14-5-108, C.R.S., provides that the duty of support under URESA shall be that duty imposed under the laws of any state where the obligor was present for the period during which support is sought. In McDonald v. McDonald, 634 P.2d 1031 (Colo.App.1981), we held that a trial court must apply Colorado law to determine a child's eligibility for child support if the payor has been present in Colorado during the period for which support is sought, regardless of the provisions of law in the state where the support order was entered.
The evidence is undisputed that respondent resided in Colorado during the time in question here. We see no distinction between the application of § 14-5-108, C.R.S., to situations concerning interstate support orders, as was the case in McDonald v. McDonald, supra, and those concerning inter-nation support orders. Consequently, we hold that the trial court erred in concluding that it should apply the law of England in determining the age of legal emancipation of the children. Since, in Colorado, the age of majority for purposes of child support is 21, see Koltay v. Koltay, 667 P.2d 1374 (Colo.1983); see also Van Orman v. Van Orman, 30 Colo.App....
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State in Interest of R.R. v. C.R.
...orders against former spouses who claim that their children should be judicially found to be emancipated, e.g., Napolitano v. Napolitano, 732 P.2d 245 (Colo.Ct.App.1986); In re Marriage of Donahoe, 114 Ill.App.3d 470, 70 Ill.Dec. 152, 448 N.E.2d 1030 (1983); Biermann v. Biermann, 584 S.W.2d......
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Connolly, Application of, 85CA0986
...especially any conduct inconsistent with the continuation of parental and filial legal rights and obligations. Napolitano v. Napolitano, 732 P.2d 245 (Colo.App.1986); In re Marriage of Weisbart, 39 Colo.App. 115, 564 P.2d 961 (1977). Significant factors in determining emancipation include t......
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People v. Lucas, 98CA0129.
...findings concerning a juvenile's emancipation will be upheld if there is evidence in the record to support them. See Napolitano v. Napolitano, 732 P.2d 245 (Colo.App.1986); Poudre Valley Hospital District v. Heckart, 491 P.2d 984 (Colo.App.1971) (not selected for official Here, defendant's ......
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...bound by Colorado law on the issue of when the unallocated child support and maintenance payments terminate. See Napolitano v. Napolitano, 732 P.2d 245 (Colo. Ct. App. 1986); McDonald v. McDonald, 634 P.2d 1031 (Colo. Ct. App. 1981);. Under Colorado law, support orders are governed by the l......