Worthley v. Worthley

In Worthley v. Worthley (1955) 44 Cal.2d 465, plaintiff wife obtained a support order by separate maintenance decree in New Jersey. Defendant husband thereafter obtained a decree of divorce in Nevada, which decree provided no support for wife. Husband paid all sums due pursuant to the New Jersey decree up to the date of the Nevada decree. He refused to pay any amounts thereafter. The Nevada decree was not challenged by the wife. The Worthley court noted: "Since plaintiff does not question the validity of the divorce granted by the Nevada court, that decree, being regular on its face, must be accorded full faith and credit in this state. The controlling questions on this appeal are, therefore, (1) whether the dissolution of the marriage terminated defendant's obligations under the New Jersey decree and, if not, (2) whether and to what extent those obligations are enforceable in this state. "Since the full faith and credit clause compels recognition of the Nevada decree only as an adjudication of the marital status of plaintiff and defendant and not of any property rights that may be incident to that status , the effect of the dissolution of the marriage on defendant's preexisting obligations under the New Jersey maintenance decree must be determined by the law of New Jersey." ( Id., at pp. 467-468.) ". . . Since the New Jersey decree is both prospectively and retroactively modifiable , we are not constitutionally bound to enforce defendant's obligations under it. Nor are we bound not to enforce them. The United States Supreme Court has held, however, that if such obligations are enforced in this state, at least as to accrued arrearages, due process requires that the defendant be afforded an opportunity to litigate the question of modification. It has also clearly indicated that as to either prospective or retroactive enforcement of such obligations, this state 'has at least as much leeway to disregard the judgment, to qualify it, or to depart from it as does the State where it was rendered.' " ( Id., at pp. 468-469.) The Worthley court went on to state at page 471: "Although the question of retroactive modification has been seldom litigated, the United States Supreme Court has expressed its approval of the proposition that actions to enforce retroactively modifiable decrees should be tried in a forum that has personal jurisdiction over both parties, and that in the trial of such actions the defendant must be afforded an opportunity to set up any mitigating defenses that would be available to him if the suit were brought in the state where the alimony or support decree was originally rendered." And at page 473, the Worthley court continued: "Moreover, there is no valid reason, in a case in which both parties are before the court, why the California courts should refuse to hear a plaintiff's prayer for enforcement of a modifiable sister-state decree and the defendant's plea for modification of his obligations thereunder. If the accrued installments are modified retroactively, the judgment for a liquidated sum entered after such modification will be final and thus will be entitled to full faith and credit in all other states. If the installments are modified prospectively, the issues thus determined will be res judicata so long as the circumstances of the parties remain unchanged . . . ." The court summarized its holding at page 474: "Accordingly, we hold that foreign-created alimony and support obligations are enforceable in this state. In an action to enforce a modifiable support obligation, either party may tender and litigate any plea for modification that could be presented to the courts of the state where the alimony or support decree was originally rendered."