Mattmuller v. Mattmuller

State: Illinois

Court: 5th District Appellate

Docket No: 5-00-0702 Rel

Case Date: 02/06/2003

NOTICE
Decision filed 02/06/03. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same.

NO. 5-00-0702

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

MELISSA MATTMULLER,

Petitioner-Appellee,

DWIGHT MATTMULLER,

Respondent-Appellant.

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Appeal from the
Circuit Court of
Madison County.

No. 98-F-541

Honorable
Ellar Duff,
Judge, presiding.

JUSTICE CHAPMAN delivered the opinion of the court:

The parties, Dwight and Melissa Mattmuller, were married in 1980. An Indiana courtdissolved their marriage in 1996. Included in the Indiana dissolution order were provisionsrelating to the custody of the three minor children, visitation, and child support. Dwight'semployer transferred him, temporarily, to New Mexico in 1997. Melissa moved with thechildren to Illinois in 1998. Thereafter, she registered the Indiana dissolution judgment inIllinois and filed a petition to modify visitation and child support. Dwight filed his ownpetition to modify visitation and child support in Indiana, over which the Indiana courtdeclined jurisdiction. He then filed a petition to modify custody in Illinois. While theparties' petitions were pending, Dwight returned to Indiana and Melissa moved with thechildren to Wisconsin. The trial court granted Melissa's petition to modify child support butdeferred all remaining issues to the Indiana court that had dissolved the Mattmullers'marriage. Dwight appeals, arguing Illinois lacked subject matter jurisdiction to rule onMelissa's petition pursuant to provisions of the federal Full Faith and Credit for ChildSupport Orders Act (Full Faith and Credit Act) (28 U.S.C.