Legal Question in Civil Litigation in Illinois
Subject Matter Jurisdiction
Illinois court ''domesticated'' a child support order from an Indiana court. The Illinois court eventually entered an order requiring ex-husband to pay over part of his pension to ex-wife. The Indiana court never considered property issues; only child support.
Did the Illinois court have the authority to make a ruling that went beyond the scope of the Indiana order that was the basis of the Illinois court's jurisdiction?
1 Answer from Attorneys
Re: Subject Matter Jurisdiction
If the Illinois court gave proper notice (personal service) to the ex-husband of the pending action to modify the Indiana order that had been previously domesticated as an Illinois order, then the Illinois court likely had in personem jurisdiction over the former spouse and the power to properly effect the modification which you've described. However, if such jurisdiction was never acquired by the Illinois court, the action to modify was very likely invalid.
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