Duthoy v. Duthoy

385 S.W.3d 460, 2012 WL 2378221, 2012 Mo. App. LEXIS 868
CourtMissouri Court of Appeals
DecidedJune 26, 2012
DocketNo. WD 74183
StatusPublished
Cited by1 cases

This text of 385 S.W.3d 460 (Duthoy v. Duthoy) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duthoy v. Duthoy, 385 S.W.3d 460, 2012 WL 2378221, 2012 Mo. App. LEXIS 868 (Mo. Ct. App. 2012).

Opinion

LISA WHITE HARDWICK, Chief Judge.

John Duthoy appeals the circuit court’s grant of summary judgment in favor of the Family Support Division (“Division”) on his petition for declaratory judgment. Du-thoy sought a declaration either that his son was emancipated under Minnesota law at age eighteen or that noncompliance with the Uniform Interstate Family Support Act (“UIFSA”) prohibited the Division from taking any child support enforcement action against him. On appeal, Duthoy contends the circuit court erred in determining that, under Minnesota law, his son was not emancipated until he graduated from high school at age nineteen. Duthoy also contends the circuit court erred in not vacating any of his alleged child support arrearage because, under UIFSA, the failure to register the Minnesota support order prohibited the Division from attributing any arrearage to him. Lastly, Duthoy asserts the circuit court improperly modified the Minnesota support order. For reasons explained herein, we affirm.

Factual and Procedural History

Cameron Duthoy was born on July 10, 1991, to Duthoy and Suzanne Stokke. In June 1992, the District Court of Lyon County, Minnesota determined Duthoy was Cameron’s father and ordered Duthoy to pay child support for Cameron “until the child reaches age eighteen (18) or age twenty (20) if still attending secondary school, is emancipated, is adopted, dies or until further order of this court.” In July 1995, the Lyon County District Court modified the child support order. The court entered a new order (“Minnesota support order”), which provided that child support continue until Cameron:

a.Turns 18 and/or graduates from high school;
b. Reaches 20 years of age and is still attending high school;
c. Is emancipated;
d. Until further order of the Court; or
e. Marries or dies.

The Lincoln, Lyon, and Murray Human Services Agency (“Lyon County agency”) tracked Duthoy’s child support obligation.

Cameron relocated with Stokke to Florida and, in January 2009, the Minnesota support order was registered in the Twentieth Judicial Circuit for Lee County, Florida. Thereafter, both the Lyon County agency and Lee County Circuit Clerk tracked Duthoy’s child support obligation.

In June 2009, Cameron relocated to Warrensburg to live with his maternal grandfather, Gerald Kangas, and attend high school in Missouri. Court approval for this custodial arrangement was neither sought nor obtained, and no court ordered Duthoy to make child support payments to Kangas. The Minnesota support order was not registered as a foreign judgment in Missouri.

Cameron turned eighteen years old on July 10, 2009. In October 2009, Kangas applied for and began receiving Temporary Assistance for Needy Families (“TANF”) benefits for Cameron while he was still attending high school. Between September 2009 and April 2010, no agency in Missouri or in any other state charged with the enforcement of child support orders contacted Duthoy or took action against him regarding the Minnesota support order. In April 2010, however, Du-thoy received a letter from the Division notifying him that it was seeking to enforce the terms of the Minnesota support order.

On May 20, 2010, Duthoy filed a petition for declaratory judgment requesting a declaration that Cameron was emancipated when he turned eighteen on July 10, 2009, [462]*462and that any child support arrearage be eliminated. In the alternative, Duthoy sought a declaration that Cameron and the Division failed to comply with UIFSA’s requirements and, therefore, the Division’s enforcement actions were improper. At Duthoy’s request, the court entered a stay enjoining the Division from taking any further action with regard to the Minnesota support order.

Both Duthoy and the Division filed motions for summary judgment. Meanwhile, Cameron graduated from high school in May 2011. After hearing arguments on the parties’ competing summary judgment motions, the circuit court determined that, under Minnesota law and the Minnesota support order, Cameron became emancipated not when he turned eighteen on July 10, 2009, but, rather, when he graduated from high school in May 2011, at age nineteen. The court also concluded that registration of the Minnesota support order was not initially necessary to enforce it in Missouri or to assign the child support to the State. Therefore, the court granted the Division’s summary judgment motion and denied Duthoy’s summary judgment motion. Duthoy appeals.

Standard of Review

Appellate review of summary judgment is essentially de novo. ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). Summary judgment is appropriate where there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Id. at 380. We view the record in the light most favorable to the party against whom judgment was entered and accord that party the benefit of all reasonable inferences. Id. at 376. We may affirm the circuit court’s grant of summary judgment under any theory that is supported by the record. Renaissance Leasing, LLC v. Vermeer Mfg. Co., 322 S.W.3d 112, 120 (Mo. banc 2010).

Analysis

In Point I, Duthoy challenges the circuit court’s determination as to when Cameron became emancipated. Pursuant to UIFSA, Minnesota law governs the date of Cameron’s emancipation because Minnesota issued the child support order. § 454.956, RSMo 2000.1 Under Minnesota law, unless a court order states otherwise, a child support obligation terminates automatically and without any action by the obligor “upon the emancipation of the child as provided under section 518A.26, subdivision 5.” Minn.Stat. § 518A.39, subd. 5(a) (2010). The cross-referenced statute, Minnesota Statutes Section 518A.26, subdivision 5 (2010), defines a “child” as “an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support.” Consistent with these statutes, the Minnesota support order provided that Duthoy owed child support until Cameron reached age eighteen or age twenty if he was still attending high school, was emancipated, was adopted, married or died, or until further order of the court.

Duthoy argues that Cameron was emancipated on his eighteenth birthday. He interprets the language of the Minnesota statutes to mean that a child is automatically emancipated upon turning eighteen, even if the child is still attending secondary school, and the obligee must take action, before the child’s eighteenth birthday, [463]*463to establish facts to continue the support obligation past that time.

Duthoy confuses the concept of automatic termination of support upon emancipation with automatic emancipation. There is no question that, pursuant to Minnesota Statutes Section 518A.39, Duthoy’s child support obligation automatically terminated upon Cameron’s emancipation.

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Bluebook (online)
385 S.W.3d 460, 2012 WL 2378221, 2012 Mo. App. LEXIS 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duthoy-v-duthoy-moctapp-2012.