Banton v. Mathers

309 N.E.2d 167
Procedural entryThis page is a short order in Banton v. Mathers. Read the opinion of the Court — 159 Ind. App. 634
Indiana Court of Appeals·Decided May 14, 1974·No. 2-772A35·Published

Opinion

309 N.E.2d 167 (1974)

Sarah (Mathers) BANTON, Appellant,
v.
Donald MATHERS, Appellee.

No. 2-772A35.

Court of Appeals of Indiana, Third District.

April 2, 1974.
As Modified on Denial of Rehearing May 14, 1974.

Wireman & Heid, Lafayette, for appellant.

George E. Weigle, Lafayette, for appellee.

STATON, Judge.

I.

STATEMENT ON THE APPEAL

Sarah Banton and Donald Mathers were divorced. Their divorce decree provided that Donald Mathers pay $100.00 per week for the support and maintenance of his children. He failed to pay the support and moved from Indiana to Oklahoma. Sarah Banton filed a complaint to obtain support payments under the provisions of the Uniform *168 Reciprocal Enforcement of Support Act.[1] Donald Mathers' duty to support was certified by Indiana, as the initiating state under the Act, and sent to Oklahoma, the respondent state under the Act, where Donald Mathers was ordered to pay $200.00 support per month. Several years later when Donald Mathers returned to Indiana, Sarah Banton filed an application for a contempt citation which was based upon the original support order. Donald Mathers filed his petition for modification of the divorce decree. Before any final action was taken upon either of these petitions filed in Indiana, Donald Mathers obtained a further modification of the Oklahoma support order which reduced his previous $200.00 per month support payment to $150.00. When the Indiana trial court considered the contempt and modification petitions, it concluded that the Oklahoma support order had modified the support provision in the original Indiana divorce decree. Assuming that it had to give full faith and credit to the Oklahoma support order, the trial court adopted the $150.00 per month support order and found that Donald Mathers had an arrearage of $2,152.50.

Sarah Banton filed her motion to correct errors which raises this issue for our determination on appeal:

Did the Oklahoma support orders issued pursuant to the Uniform Reciprocal Enforcement of Support Act modify or supersede the original divorce decree support provision?

Our opinion concludes that the Oklahoma support order did not modify or supersede the original Indiana divorce decree support provision. This provision remained in full force until modified by the Indiana court. Any payments made under the Oklahoma support order would be credited to this support obligation. Full faith and credit is not applicable to support orders rendered under the Uniform Reciprocal Enforcement of Support Act. We reverse the trial court's judgment.

II.

STATEMENT OF THE FACTS

Sarah Banton and Donald Mathers were divorced in the Superior Court of Tippecanoe County on February 6, 1968. The court's divorce decree provided among other things that Donald Mathers was to pay $100.00 per week for the support and maintenance of his minor children. Shortly after the divorce, Donald Mathers left the State of Indiana. He did not pay the support payments. Donald Mathers was located in Oklahoma, and Sarah Banton filed a complaint to obtain support under the provisions of the Uniform Reciprocal Enforcement of Support Act, I.C. 1971, 31-2-1-7 et seq. (Burns Code Ed.) See I.C. 1971, 31-2-1-7 through I.C. 1971, XX-X-X-XX (Burns Code Ed.). After the Indiana court found a duty to support, the action was certified to Oklahoma. The Ottawa County District Court in Miami, Oklahoma rendered an order on August 7, 1969 which provided that Donald Mathers make support payments in the sum of $200.00 per month.

Several years later when Donald Mathers was returning to Indiana for a visit, he was served with a contempt citation which had been filed by Sarah Banton. This contempt citation was predicated upon the original 1968 divorce decree. Donald Mathers filed his petition for modification of the 1968 divorce decree. During the pendency of the contempt and modification matters in Indiana, the Oklahoma court, acting upon a petition for modification filed by Donald Mathers, rendered a second support order which provided that Donald Mathers pay $150.00 per month. When the Indiana trial court considered the contempt and modification petitions, it found that Donald Mathers was not in contempt *169 but it determined his support arrearage to be in the sum of $9,700.00. Donald Mathers filed his motion to correct errors which was based upon new evidence, the Oklahoma support orders. The trial court granted this motion to correct errors and conducted a second hearing. The following judgment was rendered and is the basis of the issue to be considered here on appeal:

"Comes now the plaintiff in person and by Lewis T. Wireman her attorney and comes also the defendant in person and by George E. Weigle his attorney. This cause is submitted and evidence and argument of counsel is heard with regard to defendant's motion to correct errors as to the amount of support delinquency owed by the defendant, defendant's petition for modification of final decree as to support set forth in legal paragraph 2 of defendant's answer to plaintiff's petition for contempt citation and plaintiff's amended petition to cite defendant for contempt of Court heretofore filed October 26, 1971. With respect to the issues presented for determination, the Court states the following specific findings and conclusions, namely:
1. By final decree of absolute divorce entered in Superior Court of Tippecanoe County in Cause No. S-543-67 on February 6, 1968 the defendant was ordered to pay to the Clerk of said Court for the support of the minor children of the parties the sum of $100.00 per week commencing February 12, 1968, and continuing on each Monday thereafter. Said order remained in full force and effect for a period of 81 weeks, as a result of which the sum of $8100.00 was due and payable thereunder.
2. In 1969 the plaintiff invoked the Uniform Reciprocal Enforcement of Support Act by filing her complaint in the Tippecanoe Circuit Court in Cause No. C-165-69, after which the plaintiff's complaint was processed and forwarded to the District Court of Ottawa County, Miami, Oklahoma for further proceedings. The District Court of Ottawa County had jurisdiction over the plaintiff and defendant, and after hearing, on August 7, 1969 said Court entered an order reducing the defendant's obligation of support for the minor children of the parties to the sum of $200.00 per month. This order continued in full force and effect until October 19, 1971, or a period of 26 months, as a result of which the sum of $5200.00 was due and payable pursuant to said order.
3. On October 19, 1971 the District Court of Ottawa County, Oklahoma entered an order further reducing the defendant's support payments to $150.00 per month effective November 1, 1971, and as of February 15, 1972 the sum of $525.00 has accrued pursuant to said order.
4. Having originally initiated proceedings under the Uniform Reciprocal Enforcement of Support Act, plaintiff is bound to accept both the burdens and benefits of any order entered by a Court having jurisdiction over the subject matter and the parties, and this Court is bound to give full faith and credit to all orders and judgments heretofore rendered by the District Court of Ottawa County, Oklahoma.
5.

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Banton v. Mathers
309 N.E.2d 167 (Indiana Court of Appeals, 1974)