B.H. v. Tuscaloosa County Department of Human Resources

161 So. 3d 1215, 2014 WL 341067, 2014 Ala. Civ. App. LEXIS 17
CourtCourt of Civil Appeals of Alabama
DecidedJanuary 31, 2014
Docket2120805, 2120806, and 2120807
StatusPublished
Cited by5 cases

This text of 161 So. 3d 1215 (B.H. v. Tuscaloosa County Department of Human Resources) 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
B.H. v. Tuscaloosa County Department of Human Resources, 161 So. 3d 1215, 2014 WL 341067, 2014 Ala. Civ. App. LEXIS 17 (Ala. Ct. App. 2014).

Opinions

THOMPSON, Presiding Judge.

In November 2012, the Tuscaloosa County Department of Human Resources (“DHR”) filed petitions in the Tuscaloosa Juvenile Court (“the juvenile court”) seeking to have J.M.H., I.H., and A.H. (hereinafter collectively referred to as “the children”) declared dependent and seeking an award of custody of the children.

The record indicates that B.H. (“the mother”) and M.H. (“the father”) adopted the children in 2001. In 2008, the mother and the father were divorced by a judgment of the Tuscaloosa Circuit Court (“the circuit court”). Pursuant to the 2008 divorce judgment, the father was awarded sole custody of the children. The divorce judgment provided that the mother had no child-support obligation because the mother and the father intended to file a joint action seeking to terminate the mother’s parental rights to the children. It is undisputed that, before the initiation of DHR’s dependency actions pertaining to the children, neither the mother nor the father had initiated an action seeking to terminate the mother’s parental rights to the children, and, therefore, the mother’s parental rights to the children had not been terminated at the time DHR became involved with the children.

In March 2013, in three separate decisions, the juvenile-court referee, based on the stipulation of the parties, determined the children to be dependent and awarded custody of them to DHR. In those decisions, the juvenile-court referee also scheduled a hearing before the referee for the determination of the mother’s and the [1217]*1217father’s respective child-support obligations for the children. See § 12-15-314(e), Ala.Code 1975 (“When a child is placed in the legal custody of the Department of Human Resources ... pursuant to this section and when the parent, legal guardian, or legal custodian of the child has resources for child support, the juvenile court shall order child support in conformity with the child support guidelines as set out in Rule 82, Alabama Rules of Judicial Administration.”). The juvenile court ratified those decisions of the referee on March 19, 2013. See Rule 2.1(G), Ala. R. Juv. P. (“The findings and recommendations of the referee shall become the order of the court when ratified by the original signature of a judge with authority over juvenile matters.”); and § 12-15-106(g), Ala.Code 1975 (same).

On May 16, 2013, the juvenile-court referee rendered decisions in which he reaffirmed the findings in the March 2013 decisions that had been ratified by the juvenile court and ordered the mother and the father to pay certain amounts in child support. Those decisions also ordered that the mother and the father pay child-support arrearages for April 2013 and May 2013. The juvenile court ratified those decisions of the referee on May 23, 2013.

The mother filed requests for a rehearing before the juvenile court pursuant to Rule 2.1, Ala. R. Juv. P., and § 12-15-106(f), Ala.Code 1975. The juvenile court conducted a hearing at which it received the arguments of the parties. On June 14, 2013, the juvenile court entered judgments in which it again reaffirmed the referee’s May 16, 2013, child-support decisions. The mother timely appealed each judgment; 1 we consolidated the mother’s appeals for the purpose of issuing one opinion.

On appeal, the mother argues only that the juvenile court was without jurisdiction to enter its child-support awards. The mother contends that the juvenile court’s June 14, 2013, judgments constituted invalid modifications of the circuit court’s 2008 divorce judgment in which the circuit court had waived the requirement that the mother pay child support to the father. In support of her argument, the mother cites Ex parte M.D.C., 39 So.3d 1117 (Ala.2009). In that case, the parties were divorced pursuant to a 2003 judgment of the DeKalb Circuit Court. In 2005, a juvenile court granted the petition of M.D.C., the mother in that case, seeking to terminate the parental rights of K.D., the father in that case, to the parties’ two children. The DeKalb Circuit Court later denied a claim asserted by M.D.C. seeking to enforce KD.’s child-support obligation for the children, and this court affirmed. M.D.C. v. K.D., 39 So.3d 1105 (Ala.Civ.App.2008). Our supreme court granted M.D.C.’s petition for a writ of certiorari, reversing this court’s judgment and holding that under the former Alabama Child Protection Act, former § 26-18-1 et seq., Ala.Code 1975, a parent’s obligation to support his or her child is not extinguished when his or her parental rights are terminated. In reaching its holding, the supreme court, quoting from Judge Moore’s dissent in M.D.C. v. K.D., supra, stated, in relevant part:

“ ‘[In M.D.C. v. K.D., t]he majority’s reading of [former] § 26-18-7[, Ala. Code 1975,] also violates established law that once a circuit court enters a child-support order in a divorce proceeding, the circuit court retains exclusive jurisdiction to modify that order, which precludes a juvenile court from adjudicating child-support issues in a termination-of-parental-rights action. See A.S. v. [1218]*1218W.T.J., 984 So.2d 1196, 1202 (Ala.Civ.App.2007). In this case, the trial court entered a child-support order as part of a divorce judgment in February 2003, requiring the father to pay $540 per month for the benefit of his children. If the majority [in M.D.C. v. K.D.] is correct, the juvenile court terminated that child-support obligation in October 2005, although it lacked jurisdiction to do so. Rather than bestow upon juvenile courts jurisdiction that this court has heretofore not recognized, we should hold that the trial court had exclusive continuing jurisdiction over its own child-support order and that the judgment terminating parental rights could not have possibly affected the father’s obligation as established in that order.’ ”

Ex parte M.D.C., 39 So.3d at 1124-25 (quoting M.D.C. v. K.D., 39 So.3d at 1113 (Moore, J., dissenting)).

The mother relies on the quote above to contend that the juvenile court was without jurisdiction to enter the child-support orders in the underlying dependency actions. The mother, relying on Ex parte M.D.C., asserts that the circuit court retained the exclusive jurisdiction to modify the child-support provision of the divorce judgment. Indeed, subject to certain exceptions, once a circuit court has jurisdiction to determine child custody, and, therefore, issues such as child support and visitation that are intertwined with the issue of custody, the circuit court retains jurisdiction as to custody and related issues until the child reaches the age of majority. Scott v. Stevens, 636 So.2d 444, 446-47 (Ala.Civ.App.1994). The mother contends in her reply brief that no party is disputing that the children are dependent or challenging the award of custody of the children to DHR. She appears to argue that under the facts of this case, i.e., when children of divorced parents are determined to be dependent and custody of them is transferred to a third party, the issue of child support is independent of the custody issue decided in the juvenile court. As is explained below, Alabama law does not support such a conclusion.

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Related

M.M. v. K.H.
257 So. 3d 292 (Court of Civil Appeals of Alabama, 2017)
K.D.C. v. R.J.M.
210 So. 3d 1133 (Court of Civil Appeals of Alabama, 2016)
H.W.R. v. J.C.
165 So. 3d 623 (Court of Civil Appeals of Alabama, 2014)
B.H. v. Tuscaloosa County Department of Human Resources
161 So. 3d 1220 (Supreme Court of Alabama, 2014)

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Bluebook (online)
161 So. 3d 1215, 2014 WL 341067, 2014 Ala. Civ. App. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bh-v-tuscaloosa-county-department-of-human-resources-alacivapp-2014.