Litigation

In an action brought under the Deadbeat Parents Punishment Act, where the monies owed by the payor parent are predicated on a default child support order, the payor parent is entitled to challenge the judgment based on the of lack of personal jurisdiction. United States of America v. Bigford, United States Court of Appeals for the Tenth Circuit, No. 01-7132, April 13, 2004.

The husband and wife resided in Texas; after the parties separated, the wife relocated to Oklahoma with the parties' minor son. The wife established residency in Oklahoma and filed a petition for a divorce in Oklahoma. The petition contained an affidavit from the wife's attorney that after publication service to the husband, the address of the husband was not known and with due diligence could not be obtained. A default judgment for divorce was entered against the husband in 1984 and a default order of child support was also entered requiring the husband to pay $150 per month in child support. In 2001, the husband was charged in the Eastern District of Oklahoma with a violation of the Deadbeat Parents Punishment Act (DPPA). The husband challenged the underlying child support order on the basis of lack of personal jurisdiction, and the federal district court held that under the DPPA, the underlying child support order could not be challenged for any reason. The husband appealed, and the Tenth Circuit reversed and remanded for further proceedings. The Tenth Circuit held that under the DPPA, the husband was entitled to challenge the underlying default support order for lack of personal jurisdiction. It further held that the husband bears the burden of proof to prove lack of personal jurisdiction.