In re the Marriage of Lalla D. Chadwick, f/k/a Lalla D. Jessup v. Michael L. Jessup

Summary

The Montana Supreme Court affirmed the denial of Michael Jessup’s motion for a permanent stay of enforcement of a 1995 order requiring payment of approximately $10,000 in child-support arrearages. The court treated the motion as seeking relief under Montana Rule of Civil Procedure 60(b)(4) and held that the district court correctly found the request, filed more than ten years after the order, was not made within a reasonable time. The decision is a noncitable memorandum opinion.

Holdings

1. The district court properly denied Michael's motion for a permanent stay or relief from the 1995 child-support arrearage order because the request to void the order was made more than ten years after entry and Michael identified no authority justifying such untimely relief.
2. When a Rule 60(b)(4) motion alleges that a judgment is void, the district court's ruling is reviewed de novo.

Questions Presented

1. Whether the district court erred in denying Michael's motion for a permanent stay of enforcement of the February 21, 1995 child-support arrearage order.
2. Whether Michael was entitled under Montana Rule of Civil Procedure 60(b)(4) to have the 1995 order treated as void approximately ten years after its entry.

Disposition

affirmed