David J. Benson, Can A Case Be Made For the Use Of the Uniform Child Custody Jurisdiction Act in Child Support Determinations?, 26 Gonz. L. Rev. 125 (1990).
Few today would question the fact that the universal adoption of the Uniform Child Custody Jurisdiction Act (UCCJA)’ in this country has brought some semblance of order to the previous jurisdictional chaos which reigned with respect to child custody determinations.
Although there continue to be problems interpreting and applying the UCCJA, the adoption of the Act has the effect of assuring that in most cases, some court will have jurisdiction to render a binding decree with respect to the custody of a child.
In order for a court to have jurisdiction under the UCCJA, there is no need for personal jurisdiction over the parents or other contestants interested in the custody of the child. However, if the same court which determines custody, seeks to determine the matter of support of that child, traditional rules dictate that personal jurisdiction must be acquired over the person from whom such support is sought.
This article explores the possibility that the jurisdictional provisions of the UCCJA, which have proven to be so useful in determining child custody, can be applied to child support determinations without doing violence to the UCCJA or to the constitutional rights of child support obligors. . .
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