Sinclair v. Sinclair

• Court: Tennessee Supreme Court
• Writing for the Court: BURNETT
• Citation: Sinclair v. Sinclair, 196 Tenn. 538, 268 S.W.2d 573, 32 Beeler 538 (Tenn. 1954)
• Decision Date: 21 May 1954
• Parties: , 196 Tenn. 538 SINCLAIR v. SINCLAIR.

Page 573

268 S.W.2d 573

32 Beeler 538, 196 Tenn. 538

SINCLAIR v. SINCLAIR.

Supreme Court of Tennessee.

May 21, 1954.

Aaron Brown, Paris, for plaintiff in error.

BURNETT, Justice.

This suit was originated in the Circuit Court of Henry County by a petition filed by Mrs. Betty Sinclair against Robert Sinclair 'for support under Uniform Support Act.'. The summons commanded the Sheriff to summon Robert V. Sinclair to appear before the Judge of the Circuit Court and to answer Mrs. Betty Sinclair 'in her petition for support under the Uniform Reciprocal Support Act.' This summons was executed as commanded and Robert Sinclair answered in due course.

In the answer he admitted that he and Betty Sinclair were married in Tuscaloosa, Alabama, in 1945 and that their marriage had been dissolved by divorce in the law court of Henry County in 1952. He alleged that the divorce was due to the misconduct of Betty Sinclair. He further admitted that he was the father of Bobby Sinclair, aged five, but had not been able to ascertain his residence prior to this suit. He denied that he was subject to the Act under which the action was brought to-wit: Act 879, page 1515 of the 1951 Legislature of Alabama which is a reciprocal enforcement support act. He further avers and alleges that the present suit is unconstitutional because service of the petition of Betty Sinclair against him in the Alabama court was without due process. It is on this last averment that the present suit comes to this Court. Other allegations were made in the petition to the effect that the court of Tennessee did not have jurisdiction of the child and that the custody of the child by the mother in Alabama had been obtained in an unlawful way and that for this reason he should not be ordered to support the child; and further that by reason of the unlawful manner in which the child had been obtained by the mother that the jurisdiction of the Alabama Court was destroyed; that there was nothing before the Tennessee court to show that the mother was the proper and fit person for the custody of the child.

After this answer was filed the court on December 4, 1953, heard evidence adduced in open court and after hearing this evidence the Tennessee court ordered that the Alabama decree be allowed; that the defendant be required to pay to the Clerk of the Circuit Court of Henry County, Tennessee the sum of $10 weekly, beginning December 7, 1953, in payments every two weeks and the costs of the cause. This was the amount decreed by the Alabama Court. Following this order of the court a motion for new trial was seasonably prayed and the matter appealed to this Court by reason of the constitutional question involved.

This suit was originated in the Alabama court under what is termed as the 'Reciprocal Enforcement of Support Act' as the initiating State. The Legislature of this State passed an almost identical Act in 1953, the Act of this State is Chapter 188 of the Public Acts of 1953 as is found on page 684 of the Public Acts. Under our Act, as well as the Alabama Act, a certified copy of the Act is attached to the petition for support for this minor child. A certified copy of the decree entered by the Alabama Court is attached to the summons in the instant case. Both of these requirements are complied with here. The Acts, both in Alabama and Tennessee, provide that a simplified petition may be filed setting forth the cause and the nature of the support desired and for whom. This petition set forth the fact that Betty Sinclair sought support for their minor son, five years of age, that she was unable to support the child and that the father should be ordered to support it. The Alabama Court fixed the amount of the support at $10 per week. As heretofore said this decree petition, certified copies of the Act, etc., were filed here in Tennessee and the defendant answered.

The Acts in question go on to provide that the Judge of the initiating State (Alabama in this case) can then decide whether or not the facts as heard by the initiating court show the existence of a duty of support. If he does decide there is a duty of support he...