In Re the Marriage of Young

In this case we hold that denial of a continuance was not an abuse of discretion in an action under the Revised Uniform Reciprocal Enforcement of Support Act (RURESA), despite the provision of the act that upon request of a party the court “shall” continue the case for further hearing, when the requesting party had sought and obtained numerous prior continuances.

I. Facts.

Donald G. Young, Sr., appeals from an order increasing his monthly child support from $500 to $1,150. Donald claims the court erroneously denied a motion for a continuance, and he further claims the evidence was insufficient to support the modification.

Donald and his former wife, Yvonne L. Young, were granted a final judgment of dissolution in 1976 by the Fulton County Superior Court in Georgia. The judgment granted custody of the parties’ three minor children to Yvonne and ordered Donald to pay monthly child support of $100 per child, for a total monthly support obligation of $300.

Five years later, both parties had moved from Georgia—Yvonne and the children were living in New York and Donald was living in California. Yvonne filed a petition for modification of support in New York in July 1981.…