Early v. Early

499 S.E.2d 329, 269 Ga. 415
Supreme Court of Georgia·Decided May 4, 1998·No. S98A0549, S98A0694·Published·Cited by 22 cases

Opinions

Hunstein, Justice.

We granted Anna Early’s application for discretionary appeal to consider whether the trial court erred by entering an order declining to exercise jurisdiction over Robert Early’s petition for modification of child support, in light of the provisions of the Full Faith and Credit for Child Support Orders Act (FFCCSOA), 28 USC § 1738B. Because we conclude that the FFCCSOA does not grant a court of the state that issued a child support order the discretion to decline to exercise jurisdiction over a child support modification action, we reverse.

The parties to this appeal were divorced in Georgia in 1987. Appellant Anna Early was granted sole custody of the couple’s one minor child. Shortly after the decree was modified in Georgia in 1990, appellant and the child moved to California, where they have since resided. In August 1996, the Georgia court held that California was the appropriate forum to determine issues that had arisen between the parties over child custody and visitation under the Uniform Child Custody Jurisdiction Act (UCCJA), OCGA § 19-9-40 et seq. In 1997, appellee Robert Early filed a petition for modification of child support in Georgia, asserting that he had voluntarily submitted himself to the jurisdiction of the California court for the purpose of that court determining both custody and support issues, but the California court had declined under the FFCCSOA to exercise jurisdiction over appellee’s motion to modify child support, giving as reasons the fact that a Georgia court had issued the last child support order,1 [416] appellee still resided in Georgia, and appellant had declined to consent to jurisdiction over the modification action by the California court. See 28 USC § 1738B (e). Appellee thus moved the Georgia court to enter an order declining to exercise jurisdiction over the modification of support issue so that the California court could assume jurisdiction thereof.

Under subsection (d) of the FFCCSOA, a court of a state that has made a child support order consistent with that section, “has continuing, exclusive jurisdiction over the order if the State is the child’s State or the residence of any individual contestant” unless the court of another state was authorized pursuant to subsections (e) (f) or (i) of the FFCCSOA to make a modification of the order. Id. at (a), (d). Because Georgia is the only state to have issued a valid child support order, appellee remains a resident of Georgia, and appellant has declined to consent to a state other than Georgia modifying the order, subsections (e), (f), and (i) are, by their express terms, not applicable to this appeal so as to divest the Georgia court of its exclusive, continuing jurisdiction.

In its order, the trial court first reiterated that it did not have jurisdiction over the parties’ custody and visitation issues because under the UCCJA Georgia is no longer the home state of the child and the child has no significant connections with this State. OCGA § 19-9-43 (a) (1), (2) (A). The trial court then recognized the jurisdictional distinctions between custody issues under the UCCJA and support issues under the FFCCSOA, as well as the absence of any language in the latter statute providing for discretion in the state with continuing, exclusive jurisdiction over a support order to decline to exercise jurisdiction over the subject. The trial court, however, determined that a literal reading of the FFCCSOA would lead to impractical results inconsistent with the intent of the support act, which the trial court gleaned from various Congressional publications.

In construing a statute, “the determining factor is the intent of the legislature and we look first to the words of the statute to determine what that intent was and if those words be plain and unambiguous and the intent may be clearly gathered therefrom, we need look no further in determining what that intent was.” Stone Mountain Mem. Assn. v. Herrington, 225 Ga. 746, 749 (2) (171 SE2d 521) (1969) . Indeed, “where the language of an Act is plain and unequivocal, judicial construction is not only unnecessary but is forbidden. [Cit.]” City of Jesup v. Bennett, 226 Ga. 606, 609 (2) (176 SE2d 81) (1970) . Accord Connecticut Nat. Bank v. Germain, 503 U. S. 249, 254 (112 SC 1146, 117 LE2d 391) (1992) (“[wjhen the words of a statute are unambiguous, then, this first canon [of statutory construction] is also the last: ‘judicial inquiry is complete.’ [Cits.]”).

Applying these principles to the FFCCSOA, we find the statu[417] tory language is plain and unambiguous in its requirement that the court of the state that last made a child support order consistent with the FFCCSOA has continuing, exclusive jurisdiction over the order where, as here, one of the parties to the order continues to reside in the state, id. at (d), unless each individual contestant has filed written consent with the state of continuing, exclusive jurisdiction for a court of another state to modify the order and assume continuing, exclusive jurisdiction over the order, id. at (e) (2) (B), or one of the other provisions in subsections (e), (f), or (i) applies. As subsection (a) specifically provides, the “appropriate authorities of each State . . . (2) shall not seek or make a modification of [a child support] order except in accordance with subsections (e), (f), and (i) * (Emphasis supplied.) Subsections (e), (f), and (i) do not authorize the state last issuing a child support order consistent with the FFCCSOA to decline to exercise its exclusive, continuing jurisdiction over support issues while one party continues to reside in the state and the nonresident party chooses not to consent to jurisdiction in another state. Nothing in the FFCCSOA places discretion in a court of the state with exclusive, continuing jurisdiction over a child support order to decline that jurisdiction over objection by a nonresident party. Indeed, any such discretion in the trial court would necessarily obviate the discretion explicitly given by subsection (e) (2) (B) to the individual contestants themselves to decide whether or not to consent to another state obtaining jurisdiction over support issues.

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Early v. Early, 499 S.E.2d 329, 269 Ga. 415 (Ga. 1998).

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Early v. Early
499 S.E.2d 329 (Supreme Court of Georgia, 1998)