DAWSON VS. DAWSON (CHILD SUPPORT)

Key holdings

Practitioner summary

The court affirmed a post-decree reduction of child support from $150 to $100 per child per month. Modification of child support based on changed circumstances is committed to the sound discretion of the district court and will not be disturbed absent a clear abuse of that discretion, citing Culbertson v. Culbertson, 91 Nev. 230, 533 P.2d 768 (1975), and Goodman v. Goodman, 68 Nev. 484, 236 P.2d 305 (1951). The record supported the exercise of discretion, and the judgment was affirmed under Buchanan v. Buchanan, 90 Nev. 209, 523 P.2d 1 (1974).

In plain language

After Judith and her former husband divorced, he was ordered to pay child support of $150 per month for each of their two children, who lived with Judith. Later the father asked the court to lower the payments, and the district judge reduced them to $100 per month per child based on the parties' changed circumstances. Judith appealed, arguing the reduction was wrong. The Nevada Supreme Court affirmed. It explained that changing a child support obligation because of changed circumstances is a decision left to the sound discretion of the trial judge, and an appeals court will not overturn it unless that discretion was clearly abused. Reviewing the record, the court found the judge acted within his discretion, so the reduction stood.