Modify Child Support in Nevada and Jurisdiction

Vaile v. Porsboll  128 Nev. Adv. Op. No. 3 January 26, 2012

The Nevada Supreme Court addressed the district court’s authority to enforce or modify a child support order that a Nevada district court initially entered, when neither the parties nor the children reside in Nevada.  The Nevada Supreme Court concluded that, under the Uniform Interstate Family Support Act, because no other jurisdiction had entered an order concerning child support, the Nevada order controls and the district court retains subject matter jurisdiction to enforce the Nevada order, but since the parties and children did not reside in Nevada and the parties had not consented to the district court’s exercise of jurisdiction, the district court lacked subject matter jurisdiction to modify the support order.  On this latter point, the Nevada Supreme Court took the opportunity to explain the distinction between a family court order that modifies a prior order and one that merely clarifies the prior order.  Because the Nevada Supreme Court concluded that the district court in the present case impermissibly modified the child support obligation set forth in the divorce decree, it reversed the district court’s order and remanded the matter to the district court for further proceedings.


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