Action for Damages Under Child Support Agreements Cognizable in District Court
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Examines Texas Civil Appeals court case, Adwan v. Adwan. Mirlah Adwan sued her former husband Kenneth Adwan in a district court of Dallas County seeking damages for his failure to comply with a child support agreement incorporated into their divorce decree. The district court, however, refused to hear Mirlah's suit and held that continuing jurisdiction of all actions arising from the divorce rested in the Dallas Domestic Relations Court. On appeal, the Court of Civil Appeals held that the continuing jurisdiction provision of the Texas Family Code did not apply to common law suits on contracts, even if the contract was one for child support. Therefore, the district court's decision was reversed and the case remanded.