Government of the Virgin Islands Ex Rel. Larsen v. Ruiz

145 F. Supp. 2d 681, 2000 WL 33313240, 2000 U.S. Dist. LEXIS 20649

• Court: District Court, Virgin Islands
• Decided: December 8, 2000
• Docket: Civ.A. 1994-095, 1994-098
• Status: Published

Opinions

OPINION OF THE COURT

MOORE, District Judge.

In these consolidated appeals, the Government of the Virgin Islands argues that the Territorial Court misconstrued the “best interests of the child” standard and misapplied the payroll withholding rules of the Virgin Islands Code in vacating child support awards for Olga Larsen [“Larsen”] and Consylitha Walters [“Walters”], and remanding this matter to an administrative judge for further proceedings.

FACTUAL SUMMARY

Appellant Larsen married appellee Paul Ruiz [“Ruiz”] and produced two children. When Larsen divorced Ruiz, she received physical custody of the children. Ruiz consented to pay Larsen $300 per month for child support under a Territorial Court order that did not provide for automatic deduction of support payments from his paycheck.

Thereafter, Larsen asked the Virgin Islands Division of Paternity and Child Support [“DPCS”]¹ to modify this support order due to a “significant change of circumstances.” After an evidentiary hearing, a DPCS administrative judge [“ALJ”] entered an order increasing Ruiz’ support payments from $300 to $684 per month. In setting the new amount of child support, the ALJ refused to consider that Ruiz had remarried and now supported two additional children from that union. The ALJ ordered that the support payments be withheld and deducted from Ruiz’ paycheck, even though Ruiz had received no notice that he could be subject to automatic payroll withholding.

Ruiz appealed the revised support order to the Territorial Court. After an eviden-tiary hearing, the trial judge held that the ALJ erred by failing to consider the “best interests” of Ruiz’ subsequent children in calculating the new amount of child support for Larsen, and remanded the case to DPCS to allow Ruiz to present evidence of his obligations to his younger children. The trial judge also terminated the automatic payroll withholding ordered by the ALJ because Ruiz had no history of late payments, and DPCS had not notified him that it would consider deducting payments directly from his paycheck.

After this decision, the Territorial Court vacated a similar child support order that had authorized automatic deductions of $879.04 per month from appellee Cy Tod-man’s [“Todman”] paycheck for his ex-wife, appellant Walters. The ALJ had failed to consider that Todman supported another child from a subsequent marriage, and had not been delinquent on his past payments to Walters under their support agreement. See Government of the Virgin Islands ex rel. Consylitha Walters v. Cy Todman, Fam. No. S89/1993 (Terr.Ct.DATE, 1994) (remanding case to DPSC).

The government filed a timely notice of appeal on behalf of Larsen and Walters, and the cases were consolidated for decision.

DISCUSSION

Since an order remanding a case to an administrative agency generally is not a final order subject to appeal, we must first resolve whether the Appellate Division has jurisdiction over this matter. The parties have not raised this issue.²

A. Appellate Jurisdiction

The Virgin Islands Code vests this Court with the power to review “judgments and orders of the territorial court in all civil cases.” See 4 V.I.C. § 33. Neither the Congress³ nor the Legislature of the Virgin Islands has cabined our jurisdiction to final judgments and orders. We nevertheless have tended to construe section 33, like 28 U.S.C. § 1291, as referring to final judgments and orders which con-fínes the jurisdiction of the federal courts of appeals to “final decisions” of the district courts. See, e.g., Government v. deJongh, 28 V.I. 153, 158-59, 1993 WL 661726, at *4 (D.V.I.App.Div.1993) (“the limitation on our appellate jurisdiction to appeals from final orders was established by judicial interpretation”).

An order is “final” for purposes of appellate review under 28 U.S.C. § 1291 if it terminates the litigation between the parties on the merits of the case and leaves nothing to be done but to enforce what has been determined. See, e.g., St. Louis Iron Mountain and Southern Railway Co. v. Southern Express Co., 108 U.S. 24, 28-29, 2 S.Ct. 6, 27 L.Ed. 638 (1883), cited in Richerson v. Jones, 551 F.2d 918, 922 (3d Cir.1977).⁴ On the other hand, courts have treated as final a remand order to an administrative agency based on a legal ruling adverse to the agency, which will not be reviewable after remand because of mootness or otherwise. See, AJA Associates v. Anny Corps of Engineers, 817 F.2d 1070, 1072 (3d Cir.1987) (“[W]hen a [trial] court finally resolves an important legal issue in reviewing administrative agency action and denial of appellate review before remand to the agency would foreclose appellate review as a practical matter, the remand order is immediately appealable.”).⁵ This final order requirement for federal courts of appeals dates back to the dawn of the federal judicial system with the Judiciary Act of 1789, and to the English common law before that. See Bachowski v. Usery, 545 F.2d at 367.

By adopting a judicial final judgment rule, however, we did not abolish the broad grant of jurisdiction conferred upon the Appellate Division by the Legislature. “Having been judicially narrowed,” this rule “can be judicially expanded.” See Prosser, 34 V.I. at 142 n. 4, 921 F.Supp. at 1429 n. 4 (considering appeal from denial of injunction compelling arbitration in domestic relations case). For sound reasons in the extraordinary case, we may consider an order as final and reviewable even if it might not constitute a final decision under 28 U.S.C. § 1291. “Under this practical approach, the most important competing considerations are ‘the inconvenience and costs of piecemeal review on the one hand and the danger of denying justice by delay on the other.’ ” See Prosser, 34 V.I. at 143, 921 F.Supp. at 1431 (quoting Gillespie v. United States Steel Corp., 379 U.S. 148, 152-53, 85 S.Ct. 308, 13 L.Ed.2d 199 (1964) (citation omitted)).

Weighing these competing interests, we conclude that our final judgment rule does not bar appeals from Territorial Court orders bearing directly on the noncustodial parent’s obligation to pay child support. Child support payments are never fixed in a final sense under Virgin Islands law, and may be modified due to changed circumstances. See 16 V.I.C. § 110, 345(b). Further, as parens patria, the government has an extraordinary, compelling interest in the “physical and psychological well-being” of children. See In re Barrett, D.C. Civ.App. No. 1991-159, slip op. (D.V.I.App.Div.1995). This interest predominates over the interests of judicial economy. The Territorial Court has resolved important questions of law integral to the welfare of children in a manner adverse to DPCS, the agency charged with that law’s administration. These legal questions are separable from the factual questions remanded to DPCS, and there is no risk of duplicative appeals. The trial court’s order is final for purposes of appeal.

Before discussing the merits of these appeals, we observe that Ruiz and Todman did not raise the issue of the Territorial Court’s obligation to hear their appeals “de novo”, as required by 16 V.I.C. § 354(b) before the Legislature eliminated this provision by amendment in 1998.⁶ It is the majority’s view that the earlier version of section 354(b) accorded Ruiz and Todman the right to request “de novo” review by a trial judge, but did not impose an obligation on the judge to apply such review to every appeal. Accordingly, whether or not the amendment to section 354(b) applies retroactively, which it very well may,⁷ the trial judge’s failure to hear the appeals “de novo” does not affect this tribunal’s jurisdiction over these consolidated cases. We thus turn to the substantive issues raised by the appellants.

B. The Parties’ Appeals

On Larsen and Walters’ behalf, the government contends that the Territorial Court erred by considering the appellees’ other children in calculating support payments under the “best interest of the child” standard of 16 V.I.C. § 345(c), and ruling that the ALJ could not impose automatic payroll withholding without notice or a showing that Ruiz or Todman had been delinquent in making child support payments to their ex-wives. These are questions of statutory interpretation, so our review is plenary. See Parrott v. Government of the Virgin Islands, 56 F.Supp.2d 593, 594 (D.V.I.App.Div.1999).

Under title 16, chapter 13 of the Virgin Islands Code, DPCS has adopted child support guidelines to establish the proper amount of a support award in every case. According to the Code, these guidelines must be “based on a cost-sharing approach in that the child’s (children’s) needs are divided proportionally between the parents/custodians based upon their relative incomes.” 16 V.I.C. § 345(c). The Code further provides:

The guidelines may be modified or disregarded if it is determined that injustice would result from the application thereof. Such determination must be based on criteria taking into consideration the best interests of the child (children), and further must be supported by specific and written findings of fact, including, at a minimum, the amount that would have been established by the guidelines and the reasons for the variance therefrom.

Id. Worksheets A & B of the DPCS Child Support Guidelines in effect at the time of this matter only required that the noncustodial parent indicate “the number of other children [he] has a duty to support,” but did not require the ALJ to actually factor this information into the final child support computation. This omission in the Guidelines, however, did not foreclose an equitable division of the non-custodial parent’s financial capacity that would satisfy the best interests of the appellees’ custodial and non-custodial children.

We agree with the Territorial Court that the hearing officer erred in disallowing evidence on the needs of the appellees’ subsequent children in calculating the support award due Larsen and Walters. Any other conclusion would require the Court to abandon all “equity and common sense” and subordinate the needs of Ruiz and Todman’s younger children to those of their older children from previous marriages. See Emmanuel v. Emmanuel, 15 V.I. 103, 115 (D.V.I.1978). Consequently, we will affirm the trial court’s ruling that the ALJ erred in refusing to consider the needs of the appellees’ subsequent children in calculating support payments under the “best interest of the child” standard of 16 V.I.C. § 345(c), as well as its remand to DPCS for an evidentiary hearing on that question.

Next, the government argues that the Territorial Court erred in vacating the automatic payroll deductions ordered by the ALJ under 16 V.I.C. § 353, because the ALJ “erred both procedurally and substantively when she ordered child support deducted from [appellees’] paycheck[s]” without making a finding that the noncustodial parents had been delinquent in the past. Section 353 requires child support orders to provide for automatic deduction of support payments unless “the obligor and obligee agree in writing to an alternative arrangement,” or show “good cause for establishing ... [such an] arrangement based on the best interests] of the child, and, if applicable, ... a finding that past support payments were timely made.” 16 V.I.C. § 353(a-b). It also provides for automatic deduction of support payments upon either parent’s request, or when “an arrearage equal to the amount of support payable for one (1) month occurs.” See id. § 353(b)(l-3).⁸ We agree with the government that the trial judge misread section 353 to require proof of late or delinquent child support payments for the imposition of payroll withholding. This mistake does not compel us, however, to validate the ALJ’s decision.

We detect serious errors in the ALJ’s original decision to authorize deductions from the appellees’ paychecks. Appellants Larsen and Walters both had a written agreement with their ex-husbands concerning financial support for their children. Nothing in the record indicated that appel-lees Ruiz or Todman had violated their respective agreements or made late payments. Given these facts, it would appear that there were no grounds to order automatic payroll deductions under section 353(b). If such grounds existed, the ALJ neglected to explain them “in writing ... [with] specific findings of fact and conclusions of law,” as mandated by law. See 16 V.I.C. § 354(b).⁹ Absent clearly articulated facts, the original administrative decision cannot stand.¹⁰

CONCLUSION

These appeals are properly before the Appellate Division because they present vital questions about the administration of the territorial child support statute. We embrace the trial court’s view that the “best interests of the child” standard of 16 V.I.C. § 345(c) applies to all of the children supported by the parents under statute, and not just to those who were born first. We will vacate the trial court’s termination of automatic payroll withholding from the appellees, and otherwise affirm its remand of this ease to DPCS. Adhering to title 16, sections 353 and 354 of the Virgin Islands Code, the ALJ shall record his or her determinations regarding the parents’ resources and the necessity, if any, for payroll deductions.

1 . DPCS is an agency established within the Virgin Islands Department of Justice to administer a congressionally mandated program to assure adequate financial support for children. See V.I. CODE ANN. tit. 16, § 391.

2 . The appellees did contend that the Court lacked jurisdiction over these appeals because 4 V.I.C. § 33 required them to be “specifically allowed by the district court.” By entertaining these appeals, however, the Appellate Division has given de facto permission for them to proceed. See Prosser v. Prosser, 34 V.I. 139, 144, 921 F.Supp. 1428, 1430 (D.V.I.App.Div.1996), rev’d on other grounds, 186 F.3d 403 (3d Cir.1999).

3 . Section 23A of the Revised Organic Act of 1954 established the Appellate Division of this Court and authorized its jurisdiction to that "now or hereafter prescribed by local law.” See also 48 U.S.C. § 1613(a). The complete Revised Organic Act of 1954 is located at 48 U.S.C. §§ 1541-1645 (1994), reprinted in V.I. CODE ANN. 73-177, Historical Documents (1995 & Supp.1998) [hereinafter “REV. ORG. ACT”] (preceding Title One of the Virgin Islands Code).

4 . See also United Steelworkers of America v. Union R.R. Co., 648 F.2d 905, 909-10 (3d Cir.1981) ("[I]n directing a remand, the district court was not seeking to have the Board consider new or additional evidence concerning the findings it 'reversed.' ”). Generally, an order remanding a matter to an administrative agency is not a final order which is immediately appealable. See, e.g., Marshall v. Lansing, 839 F.2d 933, 940 (3d Cir.1988) (remand to parole commission to reexamine its assignment of prisoner’s parole category and explain its reasoning if it reaffirms that category); Bachowski v. Usery, 545 F.2d 363, 371-73 (3d Cir.1976) (remand order interlocutory because it did not direct agency to take particular action but only to follow specified guidelines or standards, which contemplated further proceedings that could be reviewed on later appeal); Marshall v. Celebrezze, 351 F.2d 467, 468 (3d Cir.1965) (remand of social security disability-benefits case to HEW Secretary to take additional evidence).

5 . See also Horizons International, Inc. v. Baldrige, 811 F.2d 154 (3d Cir.1987) (order rejecting agency's position that review must be confined to agency record and that instant record supported its action is final because second position, and probably the first, will be unreviewable on appeal after agency proceedings on remand); United Steelworkers of America Local 1913 v. Union R.R. Co., 648 F.2d 905, 909 (3d Cir.1981) (when dismissal of appeal of district court's order will have practical effect of denying later review, appellate jurisdiction under section 1291 may be appropriate).

6 . At the time the trial court entertained these appeals, 16 V.I.C. § 354(b) read as follows:

Orders entered by a hearing officer shall be in writing, shall contain specific findings of fact and conclusions of law, shall be served on all parties, and shall have the same force and effect as orders entered by judges of the Territorial Court, except that an appeal from an order of a hearing officer may be taken to a Family Division judge of the Territorial Court within twenty (20) days of the entry of the order. The court shall hear the appeal de novo and, unless otherwise ordered by the court, the support order entered by the hearing officer shall continue in force while the matter is on appeal.

In 1998, the Virgin Islands Legislature rewrote the second sentence to eliminate the right of “de novo” review given to the parties, to give more finality to the orders of the hearing officer by limiting the appealability of those orders, as follows:

Such appeal shall only be made upon a showing of material mistake of fact or conclusion of law, with the burden of proof upon the challenger, and, unless the court finds good cause, the paternity or support order entered by the hearing officer shall continue in force while the matter is on appeal.

16 V.I.C. § 354(b) (as amended May 5, 1998, No. 6228, § 7, Sess. L.1998).

7 . See, e.g., Landgraf v. USI Film Products, 511 U.S. 244, 275, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994) (“Changes in procedural rules may often be applied in suits arising before their enactment without raising concerns about retroactivity.”).

8 . Requests by the custodial parent are subject to a determination by DPCS that, "in accordance with its procedures and standards!,] ... the request should be approved.” See id.

9 . Specific findings of fact and conclusions of law are also required from the Territorial Court in order for appellate review to be effective, so the trial judge also erred in this respect.

10 . The Territorial Court observed that Ruiz and Todman had received no notice that they might be subject to income withholding. We do not reach the notice issue because we must remand the case for other reasons, but note that the ALJ (and the trial court) must ensure that the notice requirements of 16 V.I.C. § 355 are satisfied if income withholding is to be imposed. See 16 V.I.C. § 353(b):

If a child support order does not provide for immediate income withholding ... income withholding shall then be initiated pursuant to the procedures set forth in sections 355 through 366 of this chapter, without amendment to the support order or further court or administrative action, and without regard to any alternative arrangements entered into by the parties (1) on the date an arrearage equal to the amount of support payable for one (1) month occurs; or (2) on the date which an obligor makes a request that withholding begin; or (3) on the date on which the obligee makes a request that withholding begin, and the Title IV-D Agency determines in accordance with its procedures and standards that the request should be approved.