Clay v. Clay

255 So. 3d 238
CourtCourt of Civil Appeals of Alabama
DecidedDecember 15, 2017
Docket2160722
StatusPublished
Cited by2 cases

This text of 255 So. 3d 238 (Clay v. Clay) 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
Clay v. Clay, 255 So. 3d 238 (Ala. Ct. App. 2017).

Opinion

DONALDSON, Judge.

"An appeal will ordinarily lie only from a final judgment; that is, a judgment that conclusively determines the issues before the court and ascertains and declares the rights of the parties." Palughi v. Dow, 659 So.2d 112, 113 (Ala. 1995). Joenathan Clay ("the former husband") filed a notice of appeal from a judgment of the Dallas Circuit Court ("the trial court") regarding his liability to Ann Hatcher Clay ("the former wife") for a child-support obligation. Although the former husband contends that a statute of limitations bars the former wife from recovering against him, the judgment from which this appeal was taken is not sufficiently final to invoke our appellate jurisdiction. Therefore, we must dismiss the appeal.

Facts and Procedural History

On October 19, 1982, the trial court entered a default judgment divorcing the parties ("the 1982 judgment") in case number DR-82-207. The 1982 judgment granted the former wife custody of the parties' three children, who were minors at the time, granted visitation rights to the former husband, and ordered that the former husband pay $225 per month for the maintenance and support of the minor children.

On May 13, 2016, the former wife, through counsel, commenced an action in the trial court by filing a pleading titled "Wife's Motion to Show Cause." The pleading was assigned case number DR-82-207.01 In her pleading, the former wife alleged that the former husband had failed to make any child-support payments as ordered in the 1982 judgment and that he had "failed to give a[ ] valid reason for his failure to follow" the order to pay child support. The only relief sought by the former wife in her pleading was an order of the trial court requiring the former husband "to appear and show cause why *240he has failed to pay the [c]ourt ordered monies."

On June 3, 2016, the former husband filed an answer in which he admitted that the parties had been divorced by the 1982 judgment and that he had been ordered to pay $225 per month in child support. The former husband also asserted in his answer that the parties' youngest son, C.C., had reached the age of majority on June 30, 1995, and that, therefore, the former wife's pleading was barred by the statute of limitations found in § 6-2-32, Ala. Code 1975, which provides: "Within 20 years, actions upon a judgment or decree of any court of this state, of the United States, or of any state or territory of the United States must be commenced."

A trial was held on September 19, 2016. Testimony established that the parties had three children during the marriage, the youngest of whom had reached the age of majority on June 30, 1995. The former husband testified that he had not been aware that he had been ordered to pay $225 per month in child support in the 1982 judgment until the former wife filed her "Motion to Show Cause." The former husband testified that the former wife had never asked him for any child support and that he had never made any child-support payments.

The former husband testified that, although he had not paid child support, he had given an automobile to one of the parties' children. He also testified that he had given money to the parties' children, but not on a regular basis. The former wife testified that she had never received any child-support payments from the former husband. The former wife denied that the former husband had provided any gifts to the children. The former wife also testified that she had not, before this proceeding, sought to enforce the child-support obligation against the former husband. At the end of the testimony, counsel for the former husband argued that the former wife's claims were barred by the statute of limitations found in § 6-2-32.

On January 2, 2017, the trial court issued the following judgment:

"This matter came before the court for trial and the parties were represented by their counsel of record, and the evidence indicated as follows:
"1) That the parties were divorced pursuant to a Decree of Divorce dated October 19, 1982.
"2) That the [former husband] was not present at the hearing in 1982 and a Decree of Divorce by Default was entered against him.
"3) That the [former husband] testified he had no knowledge of the divorce hearing and/or decree entered against him.
"4) That the [former husband] testified he had no knowledge of the requirements to pay child support.
"5) That the [former wife] testified [the former husband] was aware and refused to pay the required support.
"Therefore, it is ordered, adjudged, and decreed, judgment is entered in favor of the [former wife] and against the [former husband] for $225.00 per month, commencing October 19, 1982."

On February 1, 2017, the former husband filed a motion seeking to have the trial court reconsider its January 2, 2017, ruling or, in the alternative, to alter, amend, or vacate the January 2, 2017, judgment pursuant to Rule 59(e), Ala. R. Civ. P.1 In the former husband's motion, he again asserted that the former wife's "Motion to Show Cause" was untimely and *241was barred by the 20-year statute of limitations found in § 6-2-32. On June 9, 2017, the former husband filed his notice of appeal to this court.2

Discussion

The only relief requested by the former wife in her pleading was an order of the trial court requiring the former husband to appear and "show cause why he has failed to pay" child support. We construe the former wife's pleading initiating the action as an attempt to hold the former husband in contempt.

"A former custodial parent may institute a contempt action to enforce a judgment for past-due child support against a noncustodial parent even after the child has reached the age of majority or has become emancipated. Court-ordered child-support obligations arise from the noncustodial parent's duty to support his or her children, and are, therefore, different in nature from ordinary judgments. Although, a child-support judgment may be collected in the same manner as any other judgment, see State Dep't of Human Resources ex rel. McGhee v. McGhee, 634 So.2d 573 (Ala. Civ. App. 1994), such a judgment may also be enforced through the use of a contempt proceeding."

Davenport v. Hood, 814 So.2d 268, 276 (Ala. Civ. App. 2000).

The January 2, 2017, judgment does not explicitly rule on the contempt claim of the former wife. Because the judgment noted that the former husband claimed to not have had knowledge of the child-support obligation and did not impose any sanctions on the former husband, it could be construed as finding that he was not in contempt. See Faellaci v. Faellaci, 67 So.3d 923, 925 (Ala. Civ. App.

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Cite This Page — Counsel Stack

Bluebook (online)
255 So. 3d 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clay-v-clay-alacivapp-2017.