Nevada: Supreme Court holds that had enforceable jurisdiction
The Eighth Judicial District Court, Family Court Division, Clark County, Nevada, granted the mother's motion to establish a fixed monthly child support obligation for the father, set the father's monthly child support obligation at $1,300 and used that figure to calculate his support arrearages, which it then reduced to judgment. Both parties filed separate appeals, which were combined.
The Supreme Court noted that there was only one child support order; the order was issued by the Nevada district court as part of the divorce decree. The order controlled; neither of the parties nor their children resided in Nevada when the child support motion was filed, and neither party declared that he or she consented to the Nevada court's continued implementation of jurisdiction.
The district court needed subject matter jurisdiction to modify the support obligation contained in the divorce decree, Nev. Rev. Stat. § 130.205(1). Under the terms of the decree it was probable for the father's monthly support obligation to change from year to year.
The court set his monthly support obligation at the permanent amount of $1,300 per month, the district court practically altered the parties' rights, such that the district court modified, rather than clarified, the support obligation contained in the divorce decree and thereby went beyond its jurisdiction in violation of § 130.025(1).
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