Supreme Court gets tough on child support

Tuesday, May 9, 2000 | 10:06 a.m.

CARSON CITY -- The Nevada Supreme Court has ruled that parents behind in child support must make all of the back payments or they may lose their driver's licenses.

The court Monday overturned a ruling by District Judge Mike Griffin of Carson City, who refused to suspend the driver's license of Stephen Ryder, who fell behind in child support payments to his wife, Mary Ann.

The couple was divorced in California in 1986, and Stephen Ryder was ordered to pay $200 a month. He fell behind in payments by $20,000. A California court in 1994 ordered him to pay an additional $425 a month to make up for the back payments.

After both parties moved to Nevada in 1996, Ryder was hauled into court because of his failure to make back payments. The law requires the driver's license to be suspended if the parent is in arrears.

Ryder paid up all of the $200 monthly payment he was behind on and made two payments of $425 to partially satisfy the California judgment. That amounted to $3,450, far short of the total owed. Griffin declined to suspend his license.

But the Supreme Court said the law requires all back payments must be made up.

The court said Griffin was concerned about Ryder's ability to continue to work if he didn't have a driver's license. But the court said the state may issue a restricted license permitting him to drive to and from work, to keep medical appointments and to visit his children.

In another case, the court tossed out its previous ruling interpreting a law that requires a plaintiff in a lawsuit to serve a summons and complaint within 120 days the complaint is filed, unless the plaintiff can show good cause for the failure to serve the suit.

Failure to serve the summons voids the suit. In the previous case, a person filed suit, then entered into negotiations toward a settlement and never served the complaint. The court said that was not good cause.

In the present case, Alice Scimer filed suit after she was injured in a car driven by William Scimer in 1996 in Clark County. Alice and her husband, Gilbert, filed suit but did not serve the complaint on the defendant within 120 days. Settlement negotiations were under way during that time.

The court reinstated the suit brought by the Scimers.