15 Military‎ > ‎

15.3 Service of Process


Chapter Federal Authority
Military Servicemembers Civil Relief Act
50 U.S.C. §§ 501-59
Subject State Authority
Service of Process Wyo. Stat. § 14-2-204 Liability for support; right of action; venue; service; measure of recovery; remedies cumulative; execution; continuing jurisdiction; notice
Wyo. Stat. § 20-4-142 Basis for jurisdiction over nonresident
Wyoming Rules of Civil Procedure
Rule 4 Processed
Policy Number Effective Date
15.3 October 1, 2010

Overview

The basis for jurisdiction over a member of the military is the same as any other alleged father/non-custodial parent.  Based upon statute, the Wyoming CSE Program will either have personal jurisdiction or long-arm jurisdiction to establish paternity and/or a child and medical support order or will refer the case to another state with jurisdiction.

Policy

Jurisdiction

Paternity

If paternity is at issue, the case worker will determine if Wyoming has jurisdiction to establish paternity or if another state has jurisdiction.  According to statute, Wyoming has jurisdiction to establish paternity if the alleged father:

1) Is served within Wyoming; 

2) Submits to jurisdiction by general appearance or filing a responsive pleading;

3) Resided with the child in Wyoming;

4) Resided in Wyoming and provided prenatal expenses of support for the child;

5) Caused the child to reside in Wyoming;

6) Engaged in sexual intercourse with the mother in Wyoming and the child may have been conceived in Wyoming;

7) Asserted parentage; or

8) Any other constitutional basis for personal jurisdiction.

If the District CSE Office has jurisdiction to establish paternity, the case worker will file the paternity action following the steps discussed in 8.2 Establishment – Paternity.  On the other hand, if the District CSE Office does not have jurisdiction to establish paternity, the case worker will initiate an intergovernmental action to establish paternity and support as provided in 11.2 – Intergovernmental – Initiating.

Venue

Venue describes the appropriate court to bring certain legal actions.  

Paternity

According to statute to establish venue if Wyoming already has jurisdiction to establish paternity, a paternity action may be brought in District Court in the county where:

  • The child lives or is found;
  • The alleged father resides or is found if the child is not in Wyoming; or 
  • A proceeding for probate of the presumed or alleged father’s estate has been initiated.

Establishment – Non-custodial Parent in another Judicial District

If the non-custodial lives outside of the District CSE Office’s Judicial District, the case worker will discuss the case with the District CSE Office Attorney to determine if the establishment action can be filed in its judicial district or if the case shall be shipped to another District CSE Office for establishment of a child and medical support order as discussed in 8.3 Establishment – Child Support.


Note:  The military member retains his or her legal residency in the state in which he or she entered military service.  The “leave and earning statement” (LES) of the military member indicates that person’s domicile or legal residency.

Service of Process

If Wyoming has jurisdiction to proceed with the paternity and/or child and medical support establishment action and the alleged father/non-custodial parent is in the military, the case worker will contact the alleged father/non-custodial parent to accept service of process.  If the alleged father/non-custodial parent does not respond or refuses to accept service, the case worker will contact the appropriate division within the military as provided in Appendix 15.F – Military Contacts for Service of Process.

Cross Reference
Version Number Last Revised Date
1 July 1, 2014