Garcia v. Garcia

This case is here on rehearing granted for the purpose of addressing the question of jurisdiction. Appellant seeks reversal of an order of the trial court denying him relief from operation of a decree of divorce.

The parties were married on October 17, 1968. On December 17, 1968, respondent bore a child. Respondent sought and obtained a decree of divorce on March 14, 1973, at a time when appellant was incarcerated in the Utah State Prison. 1 The default decree awarded custody of the child to respondent and ordered appellant to pay $65 per month child support, beginning sixty days after his…