State on Behalf of McDonnell v. McCutcheon

PETERSON, Justice.

Jean E. McDonnell, petitioner below (hereafter plaintiff), a resident of Colorado, commenced a Uniform Reciprocal Enforcement of Support Act (URESA) proceeding in the courts of that state, seeking to recover accrued and ongoing child support. The file was transmitted to the District Court of Washington County, where respondent James T. McCutcheon (hereafter defendant) resides.

The facts relevant to this appeal are essentially undisputed and may be briefly stated. The parties were divorced in New York by order dated April 16,1970. Pursuant to a separation agreement, custody of…