Legal Question in Family Law in Washington

my ex took my child and joined the army

my ex took my daughter and joined the army any moved out of texas to washington and now she is wonting more child support and i have not seen my daughter in over a year can she leaglly do that -- this is a question from my husband


Asked on 3/04/08, 9:55 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: my ex took my child and joined the army

Jurisdiction for child support modifications remains in the state that made the original order. That is known as subject matter jurisdiction. There is also the matter of personal jurisdiction, which a court needs as well. Since you live in Texas, and have no other connection with Washington, there is no personal jurisdiction over you. On the other hand, if you so much as enter Washington, even if for only 5 minutes, and are personally served, then the case may be heard here.

There is also a "minimum contacts" rule that says something to the effect that even if you don't come into Washington, if you receive some benefit from Washington or have a contact with Washington that benefits you, or if you receive the benefits of Washington law, then you may be subject to personal jurisdiction of a Washington court.

Bottom line: if your wife files a support modification in Washington, you should immediately get counsel in Washington to try and have the matter dismissed based on lack of personal jurisdiction over you.

I hope this helps.

Read more
Answered on 3/05/08, 5:12 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Washington