In Re Marriage of Nosbisch
Opinion
Opinion
Best, J.
Statement of the Case and Facts
Plaintiff Gayle D. Nosbisch (Wife) and defendant Joel R. Nosbisch (Husband) were married in Illinois. Their two children were born in Illinois and their marriage was dissolved in Illinois in 1982. The judgment of dissolution granted Wife physical custody of the children and ordered Husband to pay $425 per month as child support.
On July 22, 1985, Husband and Wife entered into a stipulation which provided, in part, “The parties mutually consent and agree that [Wife] as the custodial parent, be allowed to remove said children from the State of Illinois to the State of Texas where the custodial parent plans to establish her residence.” Wife thereafter moved to Texas with the children.
In July 1989, Wife filed a motion in a Texas court to modify the Illinois orders regarding Husband’s child support obligations. Husband, who by this time resided in Merced County, California, was served with notice of this motion but did not respond. The Texas District Court found it had jurisdiction over the parties and modified the Illinois orders, including increasing Husband’s child support obligation to $724 per month.