England v. England

337 N.W.2d 681, 1983 Minn. LEXIS 1281
CourtSupreme Court of Minnesota
DecidedAugust 26, 1983
DocketC3-82-1485
StatusPublished
Cited by21 cases

This text of 337 N.W.2d 681 (England v. England) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
England v. England, 337 N.W.2d 681, 1983 Minn. LEXIS 1281 (Mich. 1983).

Opinion

PETERSON, Justice.

This is an action for welfare reimbursement pursuant to the revised Uniform Reciprocal Enforcement of Support Act (URE-SA), Minn.Stat. §§ 518C.01-.36 (1982), 1 where, during an existing marriage, the wife removed the children of the marriage to another state. Respondent Susan K. England, the petitioner below (hereafter plaintiff), and appellant Steven J. England (hereafter defendant) are parents of two minor children. The family previously resided in Minnesota. Plaintiff departed Minnesota and currently resides with the children in Covington, Louisiana. Defendant maintains his residence and employment in Minnesota. No action for divorce or separation has ever been commenced, and there exists no order regarding child custody, visitation, or support.

Plaintiff applied for and has received public welfare assistance for her two children from the Parish of St. Tamany in Louisiana. The State of Louisiana initiated this welfare reimbursement suit against defendant in February 1982. Defendant was served by the State of Minnesota, acting as the responding jurisdiction under URESA. A hearing on the claim was held in Carver County on May 28, 1982. The parties arrived at a stipulated agreement that reserved defendant’s right to appeal and set his monthly support obligation at $300 per month. By orders dated August 26, 1982, and August 14, 1982, the court upheld the power of the State of Minnesota to establish an initial support order pursuant to URESA, determined that plaintiff’s alleged interference with custody and visitation rights did not affect the reimbursement action, and held that defendant had a duty to support the children.

Defendant appeals from the support order on two grounds: (1) that URESA does not apply because there exists no prior or pending action affecting the marital relationship, and (2) that plaintiff, by moving the children’s residence to Louisiana, has interfered with defendant’s parental rights.

1. We hold that URESA applies to enforce a duty of defendant to support his minor children. He contends that the title of the act limits its application to situations involving proceedings relating to dissolution, relying on Minn. Const, art. 4, § 17, which provides that “[n]o law shall embrace more than one subject which shall be embraced in its title.” The title of the bill enacting the revised URESA in Minnesota was: “An act relating to marriage dissolution; adopting the revised uniform reciprocal enforcement of support act; proposing new law coded as Minnesota Statutes, Chapter 518C, repealing Minnesota Statutes 1980, Sections 518.41 to 518.53.” Act of March 18, 1982, ch. 436, 1982 Minn.Laws 391. Although the title does specifically mention that the act relates to dissolution, the title also expressly states that the legislation adopts the revised URESA. We therefore reject defendant’s constitutional argument.

Provisions of URESA make clear that its applicability is not dependent on the existence of other proceedings. See, e.g., Minn.Stat. §§ 518C.02, subd. 3, -.03, —.19, -.30 (1982). Case law of other jurisdictions that have interpreted URESA would re *684 quire application of the act in any case in which a duty of child support is “imposable” by substantive statutory or common law. See, e.g., Johnson v. Ross, Ind.App., 405 N.E.2d 569, 571 (1980); Olson v. Olson, 534 S.W.2d 526, 530 (Mo.App.1976). See also Commonwealth of Virginia ex rel. Halsey v. Autry, 293 Md. 53, 441 A.2d 1056, 1061 (1982) (court proceeding under uniform act may impose duty even though previous support judgment vacated); State ex rel. State of California ex rel. County of Santa Barbara v. Lagoy, 54 Or.App. 164, 634 P.2d 289, 290 (1981) (uniform act court may impose duty even though divorce decree did not order support payments).

We have construed Minn.Stat. ch. 518C to apply “to any situation where there is a breach of legal duty to support dependent children located in another state.” State of Illinois ex rel. Shannon v. Sterling, 248 Minn. 266, 270, 80 N.W.2d 13, 17 (1956) (construing the predecessor to ch. 518C, Minn.Stat. §§ 518.41-52 (1953)) (repealed 1982) (emphasis added). Therefore, URE-SA properly was employed by plaintiff to enforce a duty of defendant to support their children.

2. Defendant also contends that one parent’s unilateral interference with the other parent’s custodial rights should be allowed to be raised in URESA proceedings. Most courts have not permitted matters relating to custody or visitation to be raised as defenses or counterclaims in URESA proceedings. E.g., Ibach v. Ibach, 123 Ariz. 507, 600 P.2d 1370 (1979); County of Clearwater, Minnesota v. Petrash, 198 Colo. 231, 233-34, 598 P.2d 138, 140 (1979); People ex rel. Argo v. Henderson, 97 Ill.App.3d 425, 428, 52 Ill.Dec. 796, 798, 422 N.E.2d 1005, 1007 (1981); Beneventi v. Beneventi, 185 N.W.2d 219, 225 (Iowa 1971); State ex rel. Hubbard v. Hubbard, 10 Wis.2d 683, 690, 329 N.W.2d 202, 207 (1983). However, a minority of courts has allowed the respondent in a child support enforcement action to raise custody and visitation issues. Eg, Hethcox v. Hethcox, 146 Ga.App. 430, 432-33, 246 S.E.2d 444, 446 (1978); State of New Jersey v. Morales, 35 Ohio App.2d 56, 63, 299 N.E.2d 920, 924 (1973). See also Ray v. Pentlicki, 375 So.2d 875, 878 (Fla.Dist.Ct. App.1979) (accepting majority view, with an exception where divorce and URESA action pending in same court); In re Jane S.D. v. Francis X.D., Jr., 110 Misc.2d 737, 742, 442 N.Y.S.2d 918, 923 (Fam.Ct.1981) (visitation may not be considered de novo, but court may enforce existing right under Uniform Support of Dependents Law). We find the majority view persuasive and adopt it.

The purpose of URESA is to improve and extend enforcement of interstate duties of support. Minn.Stat. § 518C.01 (1982). Our legislature has expressed the intent that custody and visitation should not bear on enforcement of support obligations. A provision of URESA, Minn.Stat. § 518C.16 (1982), states, in part: “The determination or enforcement of a duty of support owed to one obligee is unaffected by interference by another obligee with rights of custody or visitation granted by a court.” Similarly, Minn.Stat. § 518.612 (1982) states:

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

Related

In re Byard
1996 Ohio 163 (Ohio Supreme Court, 1996)
Byard v. Byler
658 N.E.2d 735 (Ohio Supreme Court, 1996)
State Department of Health & Human Resources Ex Rel. Cline v. Pentasuglia
457 S.E.2d 644 (West Virginia Supreme Court, 1995)
Damico v. Damico
872 P.2d 126 (California Supreme Court, 1994)
In Re the Welfare of J.D.N.
504 N.W.2d 54 (Court of Appeals of Minnesota, 1993)
Commonwealth Department of Social Services Ex Rel. Hogge v. Hogge
431 S.E.2d 656 (Court of Appeals of Virginia, 1993)
Formanack v. Formanack
451 N.W.2d 250 (Nebraska Supreme Court, 1990)
Cuccia v. Cuccia
773 S.W.2d 928 (Court of Appeals of Tennessee, 1989)
Douglas County Child Support Enforcement Unit v. Cavegn
420 N.W.2d 244 (Court of Appeals of Minnesota, 1988)
State of Iowa Ex Rel. Petersen v. Miner
412 N.W.2d 832 (Nebraska Supreme Court, 1987)
STATE EX REL. STATE OF WASHINGTON v. Bozarth
722 P.2d 48 (Court of Appeals of Oregon, 1986)
STATE EX REL, SAUER v. Hellesvig
376 N.W.2d 503 (Court of Appeals of Minnesota, 1985)
Todd v. Pochop
365 N.W.2d 559 (South Dakota Supreme Court, 1985)
State Ex Rel. Southwell v. Chamberland
361 N.W.2d 814 (Supreme Court of Minnesota, 1985)
State of Wis. Ex Rel. Southwell v. Chamberland
349 N.W.2d 309 (Court of Appeals of Minnesota, 1984)
State of Louisiana Ex Rel. Eaton v. Leis
354 N.W.2d 209 (Court of Appeals of Wisconsin, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
337 N.W.2d 681, 1983 Minn. LEXIS 1281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/england-v-england-minn-1983.