Alabama Department of Human Resources ex rel. Yancey v. Yancey

54 So. 3d 415, 2010 Ala. Civ. App. LEXIS 202, 2010 WL 2885947
CourtCourt of Civil Appeals of Alabama
DecidedJuly 23, 2010
Docket2090470
StatusPublished

This text of 54 So. 3d 415 (Alabama Department of Human Resources ex rel. Yancey v. Yancey) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alabama Department of Human Resources ex rel. Yancey v. Yancey, 54 So. 3d 415, 2010 Ala. Civ. App. LEXIS 202, 2010 WL 2885947 (Ala. Ct. App. 2010).

Opinions

THOMPSON, Presiding Judge.

The Alabama Department of Human Resources (“DHR”), on behalf of Tammy Yancey (“the mother”), appeals from a judgment reinstating the commercial driver’s license of Ronald Yancey (“the father”). The father’s driver’s license had been suspended because of his failure to pay child support.

The record indicates the following. On September 23, 2008, the father was found in contempt for willful failure to pay child support. He was sentenced to jail, but the sentence was stayed provided the father paid his monthly child-support obligation of $466 plus $90 a month toward his ar-rearage. A little more than a year later, on October 28, 2009, DHR filed a petition on behalf of the mother seeking to lift the stay of incarceration. In the petition, DHR alleged that the father had failed to pay his child support as ordered and that his arrearage had reached $46,157.45. Because the father had failed to pay his child support for more than six months, DHR had suspended his driver’s license, as authorized by § 30-3-171, Ala.Code 1975.

On October 29, 2009, the trial court lifted the stay and ordered that the father be arrested and incarcerated pending a court order. The order provided that the father could purge himself of contempt and be released from jail if he paid the arrearage in full. The father was arrested and placed in jail on November 3, 2009.

On January 14, 2010, an evidentiary hearing was held on the issue of the father’s contempt. At that time, his arrear-age was approximately $48,000, and his last child-support payment had been made in March 2009. The father had been approved for work release while he was in jail; however, no work was available.

The father testified that he previously had been employed in construction but [417]*417that he had not had recent communication with the company for which he had worked. A DHR caseworker identified in the record only as “Ms. Morris” told the trial court that she had spoken with the father’s former employer, who did not know whether there would be work available for the father. The father said he had been doing odd jobs before he was arrested. He worked as a truck driver in 2008, he said, but he lost that job when his driver’s license was suspended because of his failure to pay child support.

The trial court noted that the father’s “ability to earn income is much greater if [he was] driving a truck ... and that [he] cannot drive a truck so long as [his] license is suspended.” Morris informed the trial court that the father’s license would be reinstated if he paid $1,112 — equal to two months’ child support and two payments toward his arrearage — and made his current child-support and arrearage payments. Morris said that the father also would have to pay the Department of Public Safety, the State agency responsible for issuing drivers’ licenses, $200 to have his license reinstated. If the father failed to keep up with his child-support and arrear-age payments, Morris said, his driver’s license would be suspended again.

At the hearing, the trial court said it would order DHR “to do whatever is necessary to reinstate [the father’s] license and ... orderf ] [the father] to come up with that money immediately and do the part that [he has] to do.” The attorney for DHR then told the trial court that reinstatement of a driver’s license suspended for nonpayment of child support was “purely administrative” and that suspension was automatic for anyone whose child support was in arrears more than six months. She pointed out that the father had not made use of the administrative remedies available to him for having his license reinstated and that the trial court did not have the authority to reinstate his license. The trial court responded as follows:

“I understand your position; however, the [DHR] and child are not going to get a dime if [the father] can’t work, and if he doesn’t have his license and he’s just going from one little job to another hoping construction is going to open up, [DHR] and the child are not going to get any money, and I see no benefit to continue to hold him in jail.”

The attorney for DHR asked the trial court to clarify whether it was ordering the father to pay the two months’ child support and arrearage payments that, pursuant to administrative regulations, he was required to pay before his license could be reinstated. The trial court stated that the father did not have the money to make the required payment and that the court was “not going to order him to pay it.”

On January 25, 2010, the trial court entered a written order providing that DHR “is to immediately release [the father’s] commercial driver’s license” and denying DHR’s “request” that the father pay two months’ child support and arrearage payments. The trial court also ordered that the father be released from jail. DHR, on behalf of the mother, appeals.

DHR, on behalf of the mother, contends that the trial court erred as a matter of law when it ordered DHR to reinstate the father’s driver’s license. Specifically, DHR argues, the trial court did not have the authority to reinstate the father’s driver’s license. Because the father’s license had been suspended pursuant to administrative regulations, DHR says, the administrative procedures for reinstatement had to be followed.

Whether the trial court had the authority to order DHR to reinstate the father’s [418]*418driver’s license in this case is a question of statutory construction and, thus, purely a question of law. “Because the issue before us presents a pure question of law, we review the matter de novo, without any presumption of correctness.” Ex parte Byrom, 47 So.3d 791, 794 (Ala.2010) (citing Simcala, Inc. v. American Coal Trade, Inc., 821 So.2d 197, 200 (Ala.2001)).

This court’s inquiry into questions of statutory construction involves the following considerations:

“ ‘[I]t ⅛ this Court’s responsibility in a case involving statutory construction to give effect to the legislature’s intent in enacting a statute when that intent is manifested in the wording of the statute. Bean Dredging[, LLC v. Alabama Dep’t of Revenue], 855 So.2d [513] at 517 [ (Ala.2003) ]. ... “ ‘If the language of the statute is unambiguous, then there is no room for judicial construction and the clearly expressed intent of the legislature must be given effect.’ ” ’ ” Pitts v. Gangi, 896 So.2d 433, 436 (Ala.2004) (quoting DeKalb County LP Gas Co. v. Suburban Gas, Inc., 729 So.2d 270, 275 (Ala.1998), quoting in turn earlier cases). In determining the intent of the legislature, we must examine the statute as a whole and, if possible, give effect to each section. Employees’ Retirement Sys. of Alabama v. Head, 369 So.2d 1227, 1228 (Ala.1979).’
“Ex parte Exxon Mobil Corp., 926 So.2d 303, 309 (Ala.2005). Further,
“‘when determining legislative intent from the language used in a statute, a court may explain the language, but it may not detract from or add to the statute. Siegelman v. Chase Manhattan Bank (USA), Nat’l Ass’n, 575 So.2d 1041, 1045 (Ala.1991). When the language is clear, there is no room for judicial construction. Employees’ Retirement System, [v. Head], 369 So.2d [1227,] 1228 [ (Ala.2002) ].’
“Water Works & Sewer Bd. of Selma, 833 So.2d 604, 607 (Ala.2002).”

Ex parte Birmingham Bd. of Educ., 45 So.3d 764, 767 (Ala.2009).

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Bluebook (online)
54 So. 3d 415, 2010 Ala. Civ. App. LEXIS 202, 2010 WL 2885947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alabama-department-of-human-resources-ex-rel-yancey-v-yancey-alacivapp-2010.