115 Ga. App. 700 | Ga. Ct. App. | 1967
A litigant in the courts of this State relying on the judgment of a sister State in support of or in defense to an action is in general entitled to have such a judgment accorded the same full faith and credit, and no more, as it would receive in the State where rendered, and such' a judgment by a court of competent jurisdiction of another State is to this extent conclusive on its merits in the courts of this State. Dyal v. Dyal, 65 Ga. App. 359, 364 (16 SE2d 53). The courts of this State must judicially recognize the laws of the several States, as published by authority, without proof, and properly authenticated judicial proceedings of a sister State are entitled to the same full faith and credit as they have by law or usage in the courts of the State from which they are taken. See Code §§ 1-401, 38-112, 38-627; U.S. Code, Title 28, § 1738. Accordingly, this court will examine the California decree to determine the extent to which it would be enforced in California with respect to child support payments, in the event a California court had jurisdiction of the matter, in the light of the actions of the Alabama court, and analogous situations as considered by the courts of this State and other jurisdictions. The provisions of a California divorce decree with respect to child custody and support are subject to modification, without any reservation in the decree, but the court modifying the support provisions has no authority to terminate such provisions retroactively. California Civil Code Ann. § 139; Ducharme v. Ducharme, 152 Cal. App. 2d 189 (313 P2d 33). After a father obtains custody from the mother of a child, he is not in contempt of a
Applying the foregoing principles to the present case, the trial court erred in depriving the father of any defense arising from developments subsequent to the California decree which may have had the effect of relieving him of the obligation of furnishing child support money to the mother in accordance with the California divorce decree, including the actual care, custody, and control of the children by the father as exercised pursuant to the orders of the Alabama court. Therefore, the
Judgment reversed.