Benedict v. Benedict

Harwell, Justice:

C. M. Benedict appeals the decision of the lower court granting respondent Patty Felton Benedict child support and attorney’s fees. We reverse.

Appellant contends that the lower court lacked subject-matter jurisdiction in this action. We agree.

On March 10, 1977, respondent commenced an action in the Family Court of the Ninth Judicial Circuit for child support and legal fees through enforcement of the decree of divorce of the parties issued by the Court of Common Pleas of the First Judicial Circuit in 1975.1 The 1975 divorce decree incorporates a separation agreement making…