This is an appeal by the father, Victor Louis Drago, Sr., from a judgment granting his former wife, Sharyn Delacroix Dra-go, an increase in monthly child support payments for the two children born of their previous marriage. The father contends the judgment is invalid because of an inadequate service of the motion for an increase in child support. For the reasons which follow, we rеverse and set aside the trial court judgment.
The record reflects that the wife filed a petition for divorce on September 24, 1974. The sheriffs return shows personal service on Mr. Drago on September 30, 1974. Mr. Drago failed to answer the petition and a default judgment was entered оn November 6, 1974 condemning him to pay $200.00 per week for the support of each of the two minor children.
On June 29, 1984 a rule to increase child support was filed and requested service be made via the Louisiana Long Arm Statute, i.e., R.S. 13:3201 et seq., on the defendant at his place of еmployment in Houston, Texas. At the hearing on the rule held on August 22, 1984, in an effort to show complianсe with R.S. 13:3204
On appeal the husband contends the delivery of the documents to a co-employee at the place of employment was inadequate to effect a service of process on the husband; hence, the judgment is invalid. The wife contends, however, that the original jurisdiction over the husband over the marital status, custody and support obtained through personal service of the initial pleadings on the husband in Louisiana is sufficient for the court to exercise jurisdiction and increase the original support award and cites Imperial v. Hardy,
It is true as contended by counsel for the wife that under the concept of continuing jurisdiсtion adopted by Louisiana Courts, once jurisdiction attaches it continues to the final аdjudication of the subject matter over which the jurisdiction attached. Notwithstanding such continuity оf jurisdiction, however, in order to meet the requirement of the federal constitution as to duе process, there must be a sufficient service of process on the defendant of the particular rule or pleading involved. White v. White,
In Louisiana service of process can be effected on a defendant either personally or at his domicile by leaving the papers with a competent person at the defendant’s domicile. In Roper v. Dailey,
Applying the same rationale to the facts involved here, we hold a valid service of process under the Long Arm Statute cannot be effected on а defendant by directing same to his place of employment by certified mail. Accordingly, the judgment of the trial court is reversed and set aside. All costs to be borne by the appellee.
REVERSED AND SET ASIDE.
Notes
. § 3204. Service of process
A certified copy of the citation and of the petition in a suit under R.S. 13:3201 shall be sent by cоunsel for the plaintiff to the defendant by registered or certified mail, or actually delivered to the defendant by an individual designated by the court in which the suit is filed, or by one authorized by the law of the place where the service is made to service the process of any of its courts of general jurisdiction.
Service of process so made has the same legal force and validity as personal service on the defendant in this state. Added Acts 1964, No. 47, § 3.
