Early v. Early

659 A.2d 1334, 338 Md. 639, 1995 Md. LEXIS 84
CourtCourt of Appeals of Maryland
DecidedJune 23, 1995
DocketNo. 46
StatusPublished
Cited by21 cases

This text of 659 A.2d 1334 (Early v. Early) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Early v. Early, 659 A.2d 1334, 338 Md. 639, 1995 Md. LEXIS 84 (Md. 1995).

Opinion

RAKER, Judge.

The principal issue in this case is whether the circuit court, in a contempt proceeding brought by a child support enforcement agency against a father for violation of a Uniform Reciprocal Enforcement of Support Act (“URESA”)1 support order, has the power to terminate the father’s ongoing child support obligations and waive arrearages. We shall hold that the trial court lacked authority to modify a URESA child support order when no motion to modify the support order was filed and the mother and child were not given notice and an opportunity to respond.

An attempt by the Prince George’s County Office of Child Support Enforcement (the “OCSE”) to enforce a 1982 child support order entered in a URESA proceeding eventually generated the issue raised in this appeal. In 1990, the OCSE filed a petition in the Circuit Court for Prince George’s County seeking to have Stephen Early, the appellant-father, held in contempt for failing to pay ordered support. In 1993, in the same proceeding, the circuit court entered an order that: (1) terminated the father’s ongoing child support obligations; (2) assessed arrearages at zero; and (3) dismissed the contempt proceeding. More than 30 days after entry of that order, on motion by the OCSE, the Honorable Robert J. Woods vacated the enrolled judgment. The father appealed from Judge Woods’ order to the Court of Special Appeals, and we issued a writ of certiorari on our own motion before consideration by that court. We shall affirm the circuit court’s order vacating the enrolled judgment.

[644]*644I.

Beverly and Stephen Early were married in Idaho in February 1978 and had one child, Andrew, who was born in February 1979. The mother applied for public assistance; as part of her application, the mother assigned her rights to child support to Idaho’s welfare department. See 42 U.S.C. § 602(a)(26)(A) (1988); cf. Maryland Code (1957, 1991 Repl.Vol.) Art. 88A, § 48(2) (parent required to assign child support rights to state to receive AFDC). In November 1979, the mother and father were granted an absolute divorce, and the Idaho decree ordered the father to pay monthly child support.

In 1980, the State of Idaho IV-D Agency (the Idaho agency that provided child support enforcement services under the federal Aid to Families with Dependent Children program, Part D of Subchapter IV of the Social Security Act, 42 U.S.C. §§ 651-669 (1988 & Supp. V 1993)), as an “obligee,”2 filed a URESA complaint in Idaho. The URESA complaint sought monthly support and arrearages as reimbursement of public assistance paid for the child’s benefit.

The complaint was transferred to the Circuit Court for Prince George’s County, Maryland, where the father resided.3 [645]*645The State’s Attorney for Prince George’s County represented the Idaho IV-D Agency. See FL §§ 10-115, -317(b). On September 28, 1982, the circuit court entered a final order for ongoing child support of $100 per month and for payment of $1,600 in arrearages. The father made fairly regular support payments to the OCSE4 from 1983 through 1986. His last child support payment was made in August 1986.

On September 11, 1990, the OCSE filed in the URESA action a motion to cite the father for contempt of the 1982 Maryland child support order. The OCSE filed this motion without the mother’s knowledge and had, in fact, not been in contact with her since 1984.5 In the years following the original URESA action, the mother remarried, made several interstate moves, and received public assistance for part of that time. By 1992, she apparently had moved back to Idaho and again was receiving public assistance. Although the trial court made no findings on the amount of arrearages, the OCSE estimated that in November 1993 arrearages were in excess of $20,000, of which approximately $500 would be payable to the mother, with the remainder payable to Idaho as reimbursement for public assistance.

[646]*646In May 1992,6 counsel for the father entered his appearance in the contempt proceeding. A hearing on the motion for contempt was scheduled for August 26. On July 17, the father filed a Motion for Pendente Lite Relief asserting that he believed his son had been adopted. He also filed a motion to have the mother held in contempt for, among other things, failure to inform the appropriate agencies of the alleged adoption. Both motions were served on the OCSE.

The father’s Motion for Pendente Lite Relief requested that the OCSE be enjoined from enforcing the child support order until the mother, by deposition or affidavit, clarified the “status” of the adoption. The father did not request modification of the 1982 Maryland child support order in the Motion for Pendente Lite Relief or in any subsequent motion. The OCSE objected to the pendente lite motion, arguing that the father had no proof that an adoption had occurred and that the OCSE was required to enforce the existing support order.

The circuit court (Woods, J.) granted the father’s Motion for Pendente Lite Relief on August 10,1992. The order provided as follows:

UPON CONSIDERATION of Defendant’s Motion for Pendente Lite Relief, good reasons having been shown therefor, it is this 10th day of August, 1992, by the Circuit Court for Prince George’s County, Maryland,
ORDERED, that Défendant’s Motion be, and the same is hereby, GRANTED; and it is further
ORDERED, that the Plaintiff appear in the jurisdiction of this Honorable Court to be deposed on the matter of the status of the adoption proceedings in Kings County, California; and it is further
[647]*647ORDERED, that, in the alternative, the Plaintiff issue a signed and sworn affidavit regarding the matters of the adoption in Kings County, California, and any disposition thereof; and it is further
ORDERED, that until such time as the deposition and/or affidavit is completed and received by the Defendant, the Defendant be relieved of any payments of child support to any child support enforcement agency; and it is further
ORDERED, that the Prince George’s County Child Support Enforcement Agency be enjoined temporarily and/or permanently from further attempts to enforce the Idaho court order.

In February 1984, the mother had sent the father (forwarded through the OCSE) a letter inquiring whether he would consent to the adoption of his child by the mother’s then current husband. The father responded by letter that he would give his consent. Both the mother’s letter and the father’s response refer to the fact that a consent form would need to be executed by him. There apparently was no further correspondence between the two parents. No consent form was ever prepared. These two letters were the sole basis for the father’s claimed belief that an adoption had occurred. As subsequently revealed by the mother’s affidavit, accepted by the court for filing at the hearing on the motion to vacate held on November 29, 1993, the child was not adopted.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Matter of D.M.
Court of Special Appeals of Maryland, 2025
Alexander v. Walmart Inc
D. Maryland, 2024
Velasquez v. Fuentes
Court of Special Appeals of Maryland, 2024
Dietrich v. State
174 A.3d 948 (Court of Special Appeals of Maryland, 2017)
Huntley v. Huntley
145 A.3d 607 (Court of Special Appeals of Maryland, 2016)
Vito v. Klausmeyer
86 A.3d 675 (Court of Special Appeals of Maryland, 2014)
Powell v. Breslin
59 A.3d 531 (Court of Appeals of Maryland, 2013)
Kalman v. Fuste
52 A.3d 1010 (Court of Special Appeals of Maryland, 2012)
Spangler v. McQuitty
36 A.3d 928 (Court of Appeals of Maryland, 2012)
Davis v. Attorney General
975 A.2d 362 (Court of Special Appeals of Maryland, 2009)
CHILD SUPPORT ENFORCEMENT ADMINISTRATION v. Shehan
813 A.2d 334 (Court of Special Appeals of Maryland, 2002)
Thacker v. Hale
806 A.2d 751 (Court of Special Appeals of Maryland, 2002)
Walter v. Gunter
788 A.2d 609 (Court of Appeals of Maryland, 2002)
Radcliff v. Vance
757 A.2d 812 (Court of Appeals of Maryland, 2000)
Rolley v. Sanford
727 A.2d 444 (Court of Special Appeals of Maryland, 1999)
Gruss v. Gruss
718 A.2d 622 (Court of Special Appeals of Maryland, 1998)
Liberty Mutual Insurance v. Ben Lewis Plumbing, Heating & Air Conditioning, Inc.
710 A.2d 338 (Court of Special Appeals of Maryland, 1998)
Scott v. Jenkins
690 A.2d 1000 (Court of Appeals of Maryland, 1997)
Costello v. McFadden
553 N.W.2d 607 (Supreme Court of Iowa, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
659 A.2d 1334, 338 Md. 639, 1995 Md. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/early-v-early-md-1995.