Ervin v. Ervin
Annotate this CaseHusband and Wife's marriage was dissolved in Mississippi. The decree awarded Husband custody of Son and Wife custody of Daughter. Subsequently, Husband and Son moved to Montana, and Wife and Daughter moved to Arizona. Husband petitioned the district court in Montana to modify the child support award for Son. The district court denied the petition and declined to exercise further jurisdiction on the basis that it was an inconvenient forum because Husband and Son had moved back to Mississippi and Wife and Daughter were residing in Arizona. The court then relinquished jurisdiction of Son to the Arizona. Husband and Son later moved back to Montana, and Husband petitioned the district court to reduce accrued child support to a money judgment. The district court noted jurisdiction had been relinquished to the Arizona court and declined to exercise further jurisdiction on the basis that it was an inconvenient forum. The Supreme Court reversed, holding that the district court improperly applied the Montana Child Custody Jurisdiction and Enforcement Act (UCCJEA) in determining it did not have jurisdiction over the matter because the UCCJEA applies to child custody matters, not child support matters. Remanded.
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