Harbour v. Harbour

677 So. 2d 700, 1996 WL 374049
CourtLouisiana Court of Appeal
DecidedJune 28, 1996
Docket95 CA 2168
StatusPublished
Cited by5 cases

This text of 677 So. 2d 700 (Harbour v. Harbour) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harbour v. Harbour, 677 So. 2d 700, 1996 WL 374049 (La. Ct. App. 1996).

Opinion

677 So.2d 700 (1996)

Kristen P. HARBOUR
v.
Steven C. HARBOUR.

No. 95 CA 2168.

Court of Appeal of Louisiana, First Circuit.

June 28, 1996.

*701 Steve H. Benton, Baton Rouge, for Plaintiff-Appellee Kristen P. Harbour.

Stan Aaron, Baton Rouge, for Defendant-Appellant Steven C. Harbour.

Before CARTER, PITCHER, and CRAIN, JJ.[1]

PITCHER, Judge.

Steven C. Harbour appeals from a trial court's judgment, modifying a Mississippi divorce decree under which he is obligated to pay child support. In modifying the decree, the trial court increased his child support obligation from $200.00 per month to $546.00 per month. We affirm in part and reverse in part.

BACKGROUND AND PROCEDURAL HISTORY

Kristen P. Harbour (Mrs. Harbour) and Steven C. Harbour (Mr. Harbour) were married on May 25, 1991, in Mississippi. During the marriage, one child, Reagan Elizabeth Harbour, was born. On December 17, 1993, they were divorced by a Chancery Court of Pike County, Mississippi, divorce decree. The decree incorporated a Property Settlement-Child Custody Agreement between Mrs. Harbour and Mr. Harbour. In the agreement, joint custody of Reagan was granted to the Harbours with Mrs. Harbour having primary custody. In addition, Mr. Harbour was to pay $200.00 per month in child support.

Subsequently, Mrs. Harbour and the child moved to East Baton Rouge Parish, Louisiana. Mr. Harbour continued to live in Mississippi. On February 8, 1995, Mrs. Harbour filed a petition in the Family Court of East Baton Rouge Parish, seeking to make the out-of-state decree executory and to reset Mr. Harbour's child support payments.

On March 6, 1995, Mr. Harbour filed a declinatory exception pleading the objection of lack of personal jurisdiction and a motion for forum non conveniens. Mr. Harbour alleged that he was a resident of Mississippi and did not have any contacts with the State of Louisiana sufficient to empower the trial court to exercise personal jurisdiction over him. In the alternative, he contended that this matter should be transferred to Mississippi because of a pending action to modify child support.

Trial on the rule to make the out-of-state decree executory and to reset child support was held on March 21, 1995. At the beginning of the trial, a hearing on the declinatory exception pleading the objection of lack of personal jurisdiction and the motion for forum non conveniens was held. Following the trial, judgment was rendered, denying Mr. Harbour's declinatory exception pleading the objection of lack of personal jurisdiction and his motion for forum non conveniens. The trial court ordered the decree of the Chancery Court of Pike County, Mississippi, made executory. The trial court also ordered that Mr. Harbour's child support payment be increased from $200.00 per month to $546.00 per month. Subsequently, the trial court amended the judgment to order that Mr. Harbour maintain a medical insurance policy on his daughter.

Mr. Harbour now appeals and alleges the following assignments of error:

1. The trial judge erred in entering [a] judgment at all, since the trial court did not have subject matter jurisdiction to decide this case.
*702 2. The trial judge erred in failing to grant the exception [pleading the objection] of lack of personal jurisdiction.
3. The trial judge erred in failing to grant the [motion for] forum non conveniens.

ASSIGNMENT OF ERROR NUMBER ONE

In this assignment of error, Mr. Harbour argues that the trial court lacked subject matter jurisdiction to modify the Mississippi child support decree. Mr. Harbour asserts that, in accordance with 28 U.S.C. § 1738B, the Mississippi court has continuing exclusive jurisdiction over this child support matter because he is still a resident of Mississippi.[2]

Prior to October 20, 1994, there was no specific statutory provision in Louisiana addressing the issue of modification of a foreign child support decree by a Louisiana court. However, Louisiana courts permitted this modification to occur by the following two methods: 1) the party who presently resided in Louisiana (Mrs. Harbour) could initiate modification of the foreign order in the foreign court which had original jurisdiction over the child support matter (Chancery Court of Pike County, Mississippi), or 2) the party (Mrs. Harbour) could have the appropriate district court in Louisiana recognize the judgment, and then invoke the proper proceedings for obtaining an increase in child support. State v. Cross, 94-2334 p. 4 (La. App. 4th Cir. 5/16/95), 655 So.2d 798, 799-800.

However, on October 20, 1994, the U.S. Congress enacted the Full Faith and Credit for Child Support Orders Act, 28 U.S.C. § 1738B.[3] The stated policy of this Act is the need "to establish national standards under which the courts of the various States shall determine their jurisdiction to issue a child support order and the effect to be given by each State to child support orders issued by the courts of other States." Full Faith and Credit for Child Support Orders Act, Pub.L. No. 103-383, § 2(b), 108 Stat. 4063 (1994). The multi-faceted purposes of the Act are:

(1) to facilitate the enforcement of child support orders among the States;
(2) to discourage continuing interstate controversies over child support in the interest of greater financial stability and secure family relationships for the child; and
(3) to avoid jurisdictional competition and conflict among State courts in the establishment of child support orders.

Full Faith and Credit for Child Support Orders Act, Pub.L. No. 103-383, § 2(c), 108 Stat. 4063.

The Full Faith and Credit for Child Support Orders Act was effective on October 20, 1994, prior to the filing of Mrs. Harbour's petition on February 8, 1995. Thus, the trial court should have applied the provisions of this Act to determine its jurisdiction to modify a foreign child support decree.

The Act compels a state court to "enforce according to its terms a child support order made consistently with this section by a court of another State" and forbids a state court from "seek[ing] or mak[ing] a modification of such an order except in accordance with subsection *703 (e) [of the Act]." 28 U.S.C. § 1738B(a).[4]

The Full Faith and Credit for Child Support Orders Act, 28 U.S.C. § 1738B, provides, in pertinent part, as follows:

(c) Requirements of child support orders.—A child support order made is made consistently with this section if—
(1) a court that makes the order, pursuant to the laws of the State in which the court in located—
(A) has subject matter jurisdiction to hear the matter and enter such an order; and
(B) has personal jurisdiction over the contestants; and
(2) reasonable notice and opportunity to be heard is given to the contestants.
* * * * * *

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Cite This Page — Counsel Stack

Bluebook (online)
677 So. 2d 700, 1996 WL 374049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harbour-v-harbour-lactapp-1996.