Holdaway-Foster v. Brunell

Mother and Father divorced in Nevada pursuant to a decree that granted Mother custody of the parents’ two children and ordered Father to pay Mother child support. Father later relocated to Hawaii and ceased making child support payments. Thereafter, the Hawaii court issued an administrative order that continued the Nevada child support order. The Hawaii court later entered an order reducing Father’s child support obligation. After the children reached the age of majority, Mother filed a motion requesting the Nevada district court to determine that the Nevada child support order was controlling and for a judgment of arrears. The Nevada court concluded that it had lost jurisdiction over the matter. The Supreme Court reversed, holding (1) the Full Faith and Credit for Child Support Orders Act applies retroactively; and (2) Nevada had continuing, exclusive jurisdiction over this child support matter under the Act because Mother and the children continuously resided in Nevada and the parents did not consent to the assumption of jurisdiction over and modification of the order by the Hawaii court. View "Holdaway-Foster v. Brunell" on Justia Law