No. 80-108 

IN THE SURPEME COURT OF THE STATE OF MONTANA 

1980 

STATE OF MONTANA, ex rel., 

EARLENE THREE IRONS, 

Petitioner and Respondent, 

-vsDEAN CURTIS THREE IRONS, 

Respondent and Appellant. 

Appeal from: District Court of the Thirteenth Judicial District, 

In and for the County of Big Horn, The Honorable 

Diane G. Barz, Judge presiding. 

Counsel of Record: 

For Appellant: 

D. Michael Eakin, Montana Legal Services, argued, 

Hardin, Montana 

Steve Bunch argued, Montana Legal Services, Helena, 

Montana 

For Respondent: 

Hon. Mike Greely, Attorney General, Helena, Montana 

James Seykora, County Attorney, Hardin, Montana 

Deirdra Boggs argued, Missoula, Montana 

For Amicus Curiae: 

Michael G. Garrity, Dept. of Revenue, Helena, Montana 

Lynaugh, Fitzgerald, Schoppert & Skaggs, Billings, 

Montana 

Submitted: September 15, 1980 

Decided : 1 3 1%; 
Mr. Justice Daniel J. Shea delivered the Opinion of the 

Court. 

This is an appeal from an order entered by the Big Horn 

District Court under Montana's Uniform Reciprocal 

Enforcement of Support Act, section 40-5-101, et seq., MCA, 

directing the appellant, Dean Curtiss Three Irons to make 

child support payments. Because the District Court did not 

have personal jurisdiction over Three Irons or subject 

matter jurisdiction over the transaction, we reverse. 

Dean Curtiss Three Irons is an enrolled member of the 

Crow Indian Tribe and lives on the Crow Reservation. He is 

married to but separated from Earlene Three Irons, a 

Shoshone Indian from the Wind River Indian Reservation in 

Wyoming. They have two children, Tanya J. and Dean, Jr. 

The Three Irons were married September 16, 1974, in Denver, 

Colorado. During their marriage, they resided there and on 

the Crow Reservation. Earlene Three Irons has resided in 

Denver with the children since her separation from her 

husband in 1975. 

In November 1975, while a resident of Colorado, Earlene 

Three Irons filed a petition under Colorado's URESA which 

was forwarded to Montana for enforcement proceedings. The 

Big Horn County District Court issued an order to show 

cause. Dean Three Irons was served with copies of the order 

and the petition within the boundaries of the Crow Indian 

Reservation. Appearing specially through counsel, Three 

Irons moved the District Court to dismiss for lack of 

personal and subject matter jurisdiction. The lower court 

denied the motion and ordered Three Irons to pay child 

support. 

On appeal, the primary issues are whether the state 

court has personal and subject matter jurisdiction. These 
issues are dispositive of the appeal and we need not 

consider the other issues presented for review. 

This appeal is governed by our holding in State ex rel. 

Flammond v. Flammond (No. 80-12, Decided December I?, 1980). 

All of the appellant's off-reservation contacts are with the 

State of Colorado. None are with Montana. As in Flammond, 

supra, the state court had neither subject matter 

jurisdiction over the transaction nor -- in personam -- 

jurisdiction over the husband. 

Under the circumstances, the only remedy open to the 

wife is to bring an appropriate enforcement of support 

proceeding in tribal court. Although the Crow Tribe has not 

adopted URESA, its law and order code provides alternate 

remedies. 

The order of the District Court is vacated and the 

cause is dismissed for lack of personal and subject matter 

jurisdiction. 

We Concur: 

- - - ....................... \ 

Cwf Justice 

Justices %- 
Mr. Justice John Conway Harrison dissenting: 

I dissent. See my dissent in State ex rel. Flammond 

v. Flammond (1980), Mont. f- P. 2d 

(No. 80-12, decided December 19r 1980).