Wednesday, November 15, 2006

Case Law Development: Personal Jurisdiction for Child Support May be Based on Service by Publication on State Resident

The Texas Court of Appeals holds that service by publication upon a husband was valid to establish personal jurisdiction for purposes of a child support order unless husband was a non-resident.   In this action, the Attorney General had brought a child support enforcement action against Father, based on a 1981 dissolution decree in which Father had been served by publication and an ad litem attorney had been appointed to answer on his behalf.  The trial court dismissed the enforcement action sua sponte based on lack of personal jurisdiction, but the court of appeals reversed, holding that personal jurisdiction could only be subject to challenge if Father was shown to have been a non-resident of Texas when he was served by publication.

In the Interest of A.B., 2006 Tex. App. LEXIS 9830 (November 14, 2006)
Opinion on the web (last visited November 15, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/11/case_law_develo_4.html

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