Yarborough v. Yarborough

1933-12-04

Headline: Decision forces states to honor unchangeable out-of-state divorce orders that settled a father's child-support obligations, blocking South Carolina from ordering extra payments for the father's daughter after Georgia's final decree.

Holding: The Court held that an unalterable Georgia divorce decree fixing permanent alimony for a minor child must be given full faith and credit by other states, so South Carolina could not require additional payments.

Real World Impact:

Requires other states to honor final out-of-state child support orders.
Limits state courts from ordering extra support when prior decree is unalterable.
Protects parents who relied on a final divorce settlement, but may strain local child support remedies.

Topics: child support, full faith and credit, divorce orders, interstate law conflicts

Summary

Background

A sixteen-year-old girl was living with her grandfather in South Carolina and sued to make her father, who lived and was domiciled in Georgia, provide money for her education and support. Years earlier a Georgia divorce case between the girl's parents had included a written agreement and a court order that transferred $1,750 to a trustee to be used for the girl's education, support, and maintenance. The Georgia court treated that transfer as a final ("permanent") alimony settlement and the father complied. South Carolina courts later ordered the father to pay $50 a month after finding the lump sum exhausted.

Reasoning

The central question was whether South Carolina had to treat the Georgia decree as final and therefore could not order additional support. The majority said yes: Georgia had jurisdiction, the consent decree was unalterable under Georgia law, and Georgia law treats a final alimony award for a minor as binding even if the child was not formally made a party. Under the Constitution’s full faith and credit rule, another State must give the same effect to such an unalterable judgment. The Supreme Court reversed the South Carolina judgment and required that the Georgia decree be given effect.

Real world impact

As a result, other states generally must respect final out-of-state divorce orders that settle a parent's support obligations for a child, limiting later state court power to require more payments when the original decree is unalterable. This protects parents who rely on final judgments but can leave children and local authorities to seek other remedies if funds run out.

Dissents or concurrances

Justice Stone dissented, arguing states should be able to protect children domiciled within them and order additional support when conditions change, especially if the prior money has been spent.