McEvily v. McEvily

This is an appeal from an action for child support brought under the Revised Uniform Reciprocal Enforcement of Support Act of 1968 (RURESA), 15 V.S.A. §§ 385-428. The trial court held that in enforcing the child support order of another state it had no discretion to reduce the support payments to reflect the defendant’s inability to pay, but instead must conform its order exactly to that of the out-of-state court.

Plaintiff, Eleanor D. McEvily, and defendant were divorced in New Jersey on May 16, 1979. The divorce decree required the defendant to pay for the support of two minor children in…