Natalija and Nikolai were married and living in California. Eventually Natalija moved to London, and then got court orders as part of a divorce in the UK. One of the orders in the British case ordered Nikolai to pay 50,000 pounds for Natalija's attorney fees. Natalija then tried to get her 50,000 pounds from Nikolai by filing an enforcement action in California. She brought her action under California's Uniform Foreign Money-Judgments Recognition Act (the Act).
The trial court decided that she could pursue her enforcement action under the Act. The Court of Appeal said she could not. The opinion provides a thorough (perhaps exhaustive) analysis of the types of actions that can be enforced under the Act. The Court of Appeal explained that "the Act specifically excludes from its scope the enforcement of 'support in matrimonial or family matters,' and it applies a broad definition of 'support.' The award of attorney fees was, for purposes of the Act, in the nature of 'support'; therefore, the trial court erred by enforcing the award of attorney fees."
Click here to read the opinion.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.
The trial court decided that she could pursue her enforcement action under the Act. The Court of Appeal said she could not. The opinion provides a thorough (perhaps exhaustive) analysis of the types of actions that can be enforced under the Act. The Court of Appeal explained that "the Act specifically excludes from its scope the enforcement of 'support in matrimonial or family matters,' and it applies a broad definition of 'support.' The award of attorney fees was, for purposes of the Act, in the nature of 'support'; therefore, the trial court erred by enforcing the award of attorney fees."
Click here to read the opinion.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.
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Posted by: Rayan | October 23, 2009 at 02:05 AM