Tibbetts v. Tibbetts

NICHOLS, Justice.

This appeal raises a significant issue as to the jurisdiction of a divorce court to enforce its order of support pending divorce after it has entered its judgment of divorce and while an appeal from that judgment is being considered in a higher court.

The Plaintiff, Donna H. Tibbetts, moved in District Court (District Three) for certain arrearages she asserted were due her from her husband, David R. Tibbetts. At the inception of the proceeding, and upon the wife’s motion for support “pending the hearing” thereof, the District Court had ordered the husband to make semi-monthly…