Egan v. Bass

644 N.E.2d 1272, 1994 Ind. App. LEXIS 1798, 1994 WL 712680
CourtIndiana Court of Appeals
DecidedDecember 27, 1994
Docket82A01-9407-CV-220
StatusPublished
Cited by12 cases

This text of 644 N.E.2d 1272 (Egan v. Bass) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Egan v. Bass, 644 N.E.2d 1272, 1994 Ind. App. LEXIS 1798, 1994 WL 712680 (Ind. Ct. App. 1994).

Opinion

BAKER, Judge.

Appellant-defendant Eric Egan brings this interlocutory appeal challenging the Vander- *1273 burgh Cireuit Court's jurisdiction to determine paternity pursuant to the Uniform Reciprocal Enforcement of Support Act (URE-SA) 1 , and alleging that Indiana's URESA statute violates the guarantees of equal protection afforded by the United States and Indiana Constitutions. 2

FACTS

On May 16, 1994, appellee-plaintiff Tami Bass, a Kentucky resident, filed a URESA action through the Kentucky Child Support Enforcement Agency, a division of the Kentucky Cabinet for Human Resources, in the Vanderburgh Cireuit Court against Egan, an Indiana resident, seeking to establish paternity and obtain child support on behalf of her thirteen-year old son, Jerame, also a Kentucky resident. In response, Egan filed a motion to dismiss alleging, in relevant part, that the Vanderburgh Cireuit Court lacked both personal and subject matter jurisdiction, and that Indiana's URESA violated the guarantees of equal protection under the United States and Indiana Constitutions. The trial court denied Egan's motion on June 23, 1994, and pursuant to Ind. Appellate Rule 4(B)(6) certified the following issues for interlocutory appeal:

A) Whether Indiana Code § 81-2-1-19.5, a recent amendment to URESA, violates the law of Indiana set forth in State v. Cargile, 546 N.E.2d 301 (Ind.1989) which held this Cireuit Court did not have jurisdiction to determine paternity as part of URESA; and B) Whether the URESA paternity determination which does not permit [Egan] to establish custody, visitation and related matters violates his constitutional right to equal protections. 3

Record at 24.

DISCUSSION AND DECISION

I. Jurisdiction

Egan first contends that the Vanderburgh Cireuit Court lacks jurisdiction to hear the present case because the Vanderburgh Superior Court has exclusive jurisdiction over proceedings concerning the paternity of a child. As support for his contention, Egan cites Cargile in which our supreme court held that IND.CODE § 31-6-2-1 provides the juvenile court with exclusive original jurisdietion over juvenile matters, including proceedings concerning the paternity of a child. Cargile, 546 N.E.2d at 302. Further, the court held that in Vanderburgh County, pursuant to IND.CODE § 33-5-43-5, jurisdiction over juvenile matters lies exclusively in the Superior Court. Id.

However, after the supreme court's holding in Cargile, the legislature amended URESA by adding two new sections. See IND.CODE §§ 31-2-1-19.5 and 831-6-2-1.5(c). IC. § 81-2-1-19.5(a) provides:

(a) The court shall determine the issue of paternity whenever:
(1) paternity has not been established by the initiating state or another state;
(2) paternity proceedings are not pending in another state; and
(3) the obligor asserts as a defense that he is not the father of the child for whom support is sought.

*1274 Under URESA, "the court" is defined as "the circuit court of this state." See IND. CODE § 31-2-1-2(d). Moreover, LC. § 31-6-2-1.5(c) provides:

A cireuit court has concurrent original jurisdiction with the juvenile court, including the probate court described in IC 83-8-2-10, for the purpose of establishing the paternity of a child in a proceeding under IC 31-2-1 to enforce a duty of support.

Egan alleges that these amendments are in direct conflict with Cargile and I.C. § 33-5-48-5 which vests exclusive jurisdiction over Juvenile matters with the Vanderburgh Superior Court. When a statute is clear and unambiguous on its face, we must examine and treat it as a whole, giving the statute its apparent and obvious meaning. See Indiana St. Bd. of Health v. Journal-Gazette Co. (1993), Ind.App., 608 N.E.2d 989, 992. In construing a statute, we will presume the legislature intended the language of the statute to be applied in a logical manner consistent with its underlying goal and policy. In re Groleau (1992), Ind.App., 585 N.E.2d 726, 728. The legislature is presumed to have in mind the history of the act, and the decisions of the courts upon the subject matter of the legislation being construed. Journal-Gazette Co., 608 N.E.2d at 993. Further, when the General Assembly replaces the provision of an act which has been construed by the courts, it is presumed that it is responding to those appellate decisions which construed the legislation. Matter of Estate of Waltz (1980), Ind.App., 408 N.E.2d 558, 561.

Subsequent to the Cargile decision, the General Assembly amended URESA and gave the Vanderburgh Cireuit Court concurrent original jurisdiction with the juvenile court over proceedings concerning the paternity of a child. See IC. § 31-6-2-1.5(0). Since we presume that the General Assembly was responding to the supreme court's decision in Cargile when it amended URESA to provide Cireuit Courts with concurrent original jurisdiction in paternity proceedings under URESA, we find that the Vanderburgh Circuit Court has subject matter jurisdiction to determine paternity in URESA proceedings.

IL. Equal Protection

Next, Egan contends that Indiana's URE-SA violates the guarantees of equal protection afforded by the United States and Indiana Constitutions. Because the equal protection clauses are the same in the United States and Indiana Constitutions, we examine Egan's argument in one discussion. Specifically, Egan argues that URESA discriminates between URESA respondents and "instate" paternity defendants because, unlike an in-state paternity defendant, the statute does not permit a URESA respondent to establish custody, visitation and related matters at the same hearing in which his support obligations are set.

The equal protection elause does not preclude the states from resorting to classifications, but only requires that the classification resulting in unequal treatment bear some rational relationship to a legitimate state goal. Andrews v. State (1987), Ind. App., 505 N.E.2d 815, 821-22. A classification will be set aside only if it is based solely on reasons totally unrelated to the pursuit of the state's goals and only if no ground can be conceived to justify it. Id. at 822.

In a URESA action, the general class of cases which the court has the power to hear is limited by the Act itself. In re Marriage of Truax (1988), Ind.App., 522 N.E.2d 402, 405, trans. denied. IND.CODE § 31-2-1-1 provides:

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Bluebook (online)
644 N.E.2d 1272, 1994 Ind. App. LEXIS 1798, 1994 WL 712680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/egan-v-bass-indctapp-1994.