March 2016 | No. M2014-02503-COA-R3-JV, 2016 WL 1222619 (Tenn. Ct. App. 2016)

State ex rel. Creighton v. Hayner (Tennessee 2016)

A judgment for arrears entered in 2005 was void because of improper service on the Father. The attempt to serve Father at an attorney’s office was not effective. Upon receipt of the petition and summons, the attorney promptly notified Mother’s attorney she was not authorized to accept service. In spite of this, the juvenile court entered a judgment against Father, who later filed a motion to set aside the judgment. Father argued that service on the attorney was not proper, and he was in the United Kingdom at the time the petition was filed. Proper service should have been made using the Hague Convention. The Court of Appeals agreed with Father and set aside the judgment. The Court acknowledged that the underlying order was still valid; it was only setting aside the judgment for arrears.

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