Opinion
No. 26553
Decided July 22, 1974.
Original proceeding in the nature of prohibition brought by wife arguing that trial court in proceeding for dissolution of marriage had no jurisdiction to issue child support order. Rule to show cause issued.
Respondent Ordered to Vacate and Quash Child Support Order
1. DIVORCE — In Personam Jurisdiction — Lacking — Award — Child Support — Court — Negative. In a proceeding for the dissolution of marriage in which no personal service within the State of Colorado had been made upon the husband, trial court was without in personam jurisdiction of husband and therefore had no jurisdiction to issue an award of child support and order that it should supersede any award for child support which wife had obtained through Reciprocal Enforcement of Support Act.
Original Proceeding
Craig A. Murdock, for petitioner.
Hon. Gilbert A. Alexander, pro se.
[1] In a proceeding for the Dissolution of Marriage in which no personal service in the State of Colorado had been made upon the husband, the trial court issued an award of child support and ordered that it should supersede any award for child support which the wife had obtained through the Reciprocal Enforcement of Support Act. This order was issued by the respondent over the objections of the wife. The wife brought an Original Proceeding in the nature of Prohibition arguing that the trial court had no jurisdiction to issue such an order because it did not have in personam jurisdiction of the husband.
We issued the Rule to Show Cause. The respondent confessed the rule and prayed that the rule be made absolute. We do make the rule absolute and we order that the respondent vacate and quash the child support order in question.