Poindexter v. Poindexter,__Mich App__(1999), No. 203250 (March 2, 1999)
Domestic Relations ReviewPlaintiff's appeal order denying their motion for summary disposition under MCR 2.116 (C) (9).
Plaintiff and defendant were married in Mississippi in 1970. Defendant had been born and raised there, only leaving for service in the army for a period of three years. The couple divorced in 1983, ten years after defendant left his family and moved to Michigan, where he has been ever since. Child support was not determined at the time of divorce as the defendant could not be found to issue personal service. In 1995 plaintiff filed an action to collect child support from the time of the divorce until each of the two children reach twenty-one. The Chancery Court entered a judgment against the defendant, and plaintiff filed this action in 1996 to collect the judgment. The trial court denied it, claiming that the Mississippi court never acquired personal jurisdiction over the defendant.
The Court of Appeals disagrees. "In this case, the Mississippi Chancery Court clearly had authority to make an adjudication of defendant's rights. Under the facts of this case, the Mississippi Chancery Court could properly exercise jurisdiction over defendant under its long-arm statute, Miss Code Ann 13-3-57 (Supp. 1997), because defendant fathered his two children in Mississippi and failed to support those Mississippi residents…In addition, defendant had constitutionally sufficient minimum contacts with Mississippi to satisfy US Const, Art XIV." Plaintiffs are entitled to judgment under MCR 2.116(C)(9). Reversed and Remanded.
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