Hershey v. Hershey

SABERS, Justice.

Mother appeals limitation on her recovery of back child support to six years. Father cross-appeals dismissal of his counterclaim against Mother for tortious interference with father-son relationship.

Facts

Patricia Hershey (Mother) and Brooke Hershey (Father) were divorced in South Dakota in 1968. The divorce decree awarded custody of their only child Paceon (Son) to Mother, and required Father to pay Mother $125 per month for Son’s support and $25 per month into an education fund for Son’s benefit.

From 1968 to 1971, Mother, Son and Mother’s new husband lived first in Nebraska…