Nolan v. Moore

Bowles, Justice,

concurring specially.

The decision necessary in this case leaves my thinking between two fires. To agree with the majority opinion tends to create confusion. It is safe to say we would usually have three opinions as to what is reasonable, the mother’s, the father’s and the court’s. This will tend to multiply litigation and place an even greater burden on the superior courts of the state. The decision also punishes the party based on an indefinite order. This is basically unfair.

On the other hand, the area of child support is an uncharted sea. Obligations to pay medical bills, dental bills, cost of maintenance, cost of education, etc., when geared to the standards of reasonableness, are always indefinite. We must enforce these obligations in some way other than by lawsuits for monetary awards.

Thus between the two problems, I conclude that the majority opinion adopts the wiser rule overall, and I concur in the judgment for this reason.