Hensley v. Missouri Division of Child Support Enforcement

905 S.W.2d 889, 1995 Mo. App. LEXIS 1525, 1995 WL 523207
CourtMissouri Court of Appeals
DecidedSeptember 1, 1995
DocketNo. 20013
StatusPublished
Cited by4 cases

This text of 905 S.W.2d 889 (Hensley v. Missouri Division of Child Support Enforcement) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hensley v. Missouri Division of Child Support Enforcement, 905 S.W.2d 889, 1995 Mo. App. LEXIS 1525, 1995 WL 523207 (Mo. Ct. App. 1995).

Opinion

SHRUM, Chief Judge.

The Missouri Division of Child Support Enforcement (Agency) issued orders against Charles R. Hensley (Hensley) regarding child support arrearages allegedly owed by Hensley under a 1967 judgment entered in Iowa. Hensley appealed to the circuit court. After it reviewed the administrative record, the circuit court reversed Agency’s decision.

In its judgment, the circuit court stated that the “[pjarties have agreed that, under the applicable Iowa Statute of Limitations, efforts to enforce the Iowa court order in Iowa would be barred.” The circuit court accepted the litigants’ stipulation as correct. With that view of Iowa law as its premise, the circuit court reasoned that: (1) the term “arrearages” as used in § 454.476 means “unpaid, accrued and enforceable amounts; ” (2) in the instant ease, there was no proof of enforceable amounts due in Iowa because of that forum’s statute of limitations; and (3) thus, the Agency erred in issuing its administrative orders against Hensley. Agency appeals from that judgment.

Because Hensley was the party aggrieved by Agency’s decision, he was required to file “the appellant’s brief.” Rule 84.05(e).1 Hensley’s single point relied on is as follows: “The trial court properly denied enforcement of a 1967 Iowa child support judgment because the enforcement was barred by the statute of limitations in that this action was commenced after expiration of the applicable Iowa 20-year statute of limitations.” As we understand it, Hensley’s claim is that the twenty-year limitation prescribed by § 614.1.6, Iowa Code Ann. (West Supp. 1992),2 runs from the entry of judgment, in this case July 12, 1967, without regard to payments. Thus, he argues that since “[e]n-forcement of the Iowa Judgment is barred in Iowa[,] ... [Agency] has [failed to show] that there are ... unpaid and unenforceable amounts due under the Iowa court order in Iowa. Accordingly, there is not proof of any arrearage and the Administrative Order was erroneously issued under § 454.476.”

In its brief, Agency appears to agree with Hensley’s assertion concerning application of the Iowa statute of limitations, i.e., that the statute would bar enforcement of the judgment in that state. Nevertheless, Agency argues that its decision should be reinstated because of 13 C.S.R. 30-4.010(ll)(c).3

We are not bound by the parties’ assumptions or stipulations of law. See State [891]*891ex rel. Glendinning Companies of Connecticut, Inc. v. Letz, 591 S.W.2d 92, 96 n. 1 (Mo.App.1979). Inasmuch as the stipulation mentioned in the circuit court’s judgment (and, hence, the circuit court’s findings) depends upon the construction and effect of an Iowa statute, it is not binding upon this court. Midella Enterprises v. Missouri State Highway Commission, 570 S.W.2d 298, 301[5] (Mo.App.1978).

Additionally, in a ease such as this we are to review “the decision of the agency, not the judgment of the circuit court.” State ex rel. Clatt v. Erickson, 859 S.W.2d 239, 241[1] (Mo.App.1993). We must affirm the decision unless it is unconstitutional or in excess of Agency’s authority, is not supported by competent and substantial evidence, is otherwise unauthorized by law, is arbitrary, capricious or unreasonable, or an abuse of discretion. § 536.140.2, RSMo 1994. We also note that the question presented by Hensley’s point is purely legal, thus entitling us to sustain Agency’s decision if it is correct, even though the grounds we rely on are not the same as those relied on by Agency. Spradling v. Supervisor of Liquor Control, 824 S.W.2d 906, 908[1] (Mo. banc 1992).

With these principles as our guide, we examine Iowa law. First, Cullinan v. Cullinan, 226 N.W.2d 33 (Iowa 1975), confirms that in Iowa, as in Missouri, each ordered payment of child support constitutes a separate judgment as it becomes due. In that case a father challenged the jurisdiction of Iowa courts when mother attempted, in 1972, to collect child support allegedly due under a 1948 divorce judgment. Father’s last support payment was made in December 1953. In 1954, father moved to California. Before his move, mother tried, “with scant success,” to compel father to pay. After the children reached majority, mother sought and was awarded a judgment for accrued and unpaid child support for the seventeen years that payments were not made. In partial response to father’s jurisdictional argument, the Iowa Supreme Court said:

“A jurisdictional question was avoided by [father’s] general appearance but should be explained. The states are in conflict on the question of whether arrear-age in child support payments, previously decreed, must be reduced to judgment before execution can issue. The question generally turns on local statute.... Our own cases hold a further entry of judgment is, with an exception to be noted, unnecessary. ... Each installment is in itself a judgment as it becomes due.”

Id. at 35 (emphasis ours). See also In re Marriage of Shepherd, 429 N.W.2d 145, 146 (Iowa 1988) (citing Gray v. Gray, 238 Iowa 723, 27 N.W.2d 123, 126 (1947)) (both cases holding that each child support installment becomes a final judgment and lien as it becomes due).

We do not find an Iowa holding that interprets or applies the Iowa statute of limitations to periodic child support payments. There are cases, however, that deal with Iowa’s statute of limitations and its effect on periodic maintenance judgments. We deem the maintenance cases to be so closely analogous that they are controlling. For instance, in Bennett v. Tomlinson, 206 Iowa 1075, 221 N.W. 837, 840[7] (1928), the Iowa Supreme Court held that “[t]he statute of limitations began to run against each installment [of periodic maintenance] only from the time it fell due.” More recently, the Iowa Court of Appeals reached the same result under the contemporary version of the statute of limitations:

“[E]ach ordered payment of monthly alimony constitutes a separate judgment as it becomes due....
Accordingly, the statute of limitations contained in Iowa Code section 614.1(6) (1991) does not act as a complete bar to these garnishment proceedings. This statute of limitations has run only on the part of the alimony arrearage which dates back more than twenty years prior to Donna’s collection efforts.”

In re Marriage of Logsdon, 510 N.W.2d 160, 161[3,4] (Iowa App.1993).

[892]*892Finally, the dissenting opinion in Davidson v. Van Lengen, 266 N.W.2d 436 (Iowa 1978), is instructive.

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Bluebook (online)
905 S.W.2d 889, 1995 Mo. App. LEXIS 1525, 1995 WL 523207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hensley-v-missouri-division-of-child-support-enforcement-moctapp-1995.