Hill v. Hill

701 A.2d 1170, 118 Md. App. 36, 1997 Md. App. LEXIS 157
CourtCourt of Special Appeals of Maryland
DecidedOctober 29, 1997
DocketNo. 544
StatusPublished
Cited by10 cases

This text of 701 A.2d 1170 (Hill v. Hill) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hill v. Hill, 701 A.2d 1170, 118 Md. App. 36, 1997 Md. App. LEXIS 157 (Md. Ct. App. 1997).

Opinion

EYLER, Judge.

Appellant, Barry E. Hill, appeals from a child custody order and an order denying his request to modify child support. Finding no error, we affirm the judgment of the circuit court

FACTS '

Custody

Appellant, Barry E. Hill, and appellee, Evelyn Hill, were married on July 10, 1981. Two children, Armond and Alexandra, were born as a result of the marriage. On August 8, 1992, while residing in the District of Columbia, the parties separated and have continued to five separate and apart since that time.

On November 18, 1992, appellant filed a pleading in the Superior Court of the District of Columbia (“Superior Court”), seeking a determination as to custody of the children and the right of visitation. Appellee filed an answer and counterclaim, in which she sought custody, legal separation, child support, and the distribution of property.

On August 12,1993, the Superior Court entered a memorandum opinion in which it awarded legal and physical custody of the children to appellee, granted the right of visitation to appellant, and awarded child support to appellee. On August [39]*3927, 1993, the appellant noted an appeal. The decision was affirmed by the District of Columbia Court of Appeals on May 15,1995.

On August 12, 1993, appellant filed a complaint for absolute divorce in the Superior Court, which was answered by appellee on August 26. No hearings were held in the District of Columbia with respect to the relief requested in those pleadings. Both parties became residents of the State of Maryland in 1995.

On April 11, 1996, appellant filed a complaint for absolute divorce in the Circuit Court for Montgomery County seeking, inter alia, permanent custody of the children and a determination as to child support. On June 13, 1996, appellee filed an answer and a counterclaim for divorce, custody, and other relief. Trial was held on the custody issue on October 2 and 3, 1996. On October 28, 1996, in a memorandum opinion, the circuit court granted appellee sole legal custody of the children with shared physical custody in both parties. On November 7,1996, appellant filed a motion for reconsideration on the ground that the circuit court had applied the wrong standard. Appellant urged the circuit court to apply the best interest of the child standard and not the standard applicable to a modification of an award, i.e., whether there was a material change in circumstances. The motion, supplemented by appellant on November 27, 1996, was denied by the circuit court on February 14, 1997.

Child Support

On January 24, 1995, appellant filed in Superior Court a motion for modification of the child support obligation contained in its 1993 order. On October 24, 1995, the Superior Court determined that there was no substantial change to warrant a modification of child support. As mentioned previously, on April 11, 1996, appellant filed a complaint in the Circuit Court for Montgomery County. A hearing on appellant’s request in the circuit court for modification of the child support award entered by the Superior Court was held before [40]*40a master in the circuit court on July 17, 1996. The master recommended denial of the request. Appellant filed exceptions, and after a hearing in October 1996, the circuit court, on February 14,1997, denied the exceptions. Four days later, on February 18, 1997, appellant filed another motion to modify the child support order but presented no new arguments or facts. On March 27, 1997, the circuit court denied appellant’s second motion for modification, on the recommendation of a master, without a hearing. This appeal followed.

QUESTIONS PRESENTED

Appellant, in effect, presents two questions for our review, as rephrased by us for clarity:

1. Was the custody order issued by the Superior Court of District of Columbia a final order entitled to full faith and credit by the circuit court or was it a pendente lite order subject to de novo review?

2. Did the circuit court err in ruling on appellant’s second motion to modify child support without first holding a hearing?

STANDARD OF REVIEW

The standard of appellate review we must apply is governed by Maryland Rule 8 — 131(c).1 We review the circuit court’s decision without deference to determine if errors of law exist. All factual findings of the circuit, court, however, are entitled to deference and must be upheld unless clearly erroneous.

[41]*41Discussion

I.

The resolution of appellant’s first question turns on whether the August 12, 1993, order of the Superior Court was entered pendente lite or as a final decree. Appellant contends that the Superior Court’s order was issued pendente lite. Therefore, the circuit court was required to hear the custody matter de novo and apply the best interest of the child standard when rendering its decision on October 28, 1996. Kovacs v. Kovacs, 98 Md.App. 289, 310-12, 633 A.2d 425 (1993); Kerns v. Kerns, 59 Md.App. 87, 96-97, 474 A.2d 925 (1984). We hold that the Superior Court’s order constituted a final decree and that the circuit court did not err in applying the modification standard.

In his brief, appellant points us to D.C.Code § 16-911 (1989 RepLVol.), the applicable statute in this case, and contends that the Superior Court’s order was not intended to be a final decree. He argues that this provision, which was relied upon by the Superior Court, provides for the issuance of custody orders only on a pendente lite basis. In support of his argument, appellant calls our attention to the title of section 16-911.2 He insists that the title of this code section plainly indicates that it only addresses pendente lite custody decisions made prior to the issuance of a divorce decree. Appellant further contends that under District of Columbia law, a permanent order of custody can only be issued in accordance with D.C.Code § 16-914 (1989 RepLVol.) and pursuant to a valid divorce decree. Appellant is incorrect in his contentions.

Based on this Court’s interpretation of the case law and the relevant statutes, we hold that the August 12, 1993, order of the Superior Court constituted a final decree. A straightforward reading of the title of section 16-911 indicates that the phrase pendente lite modifies alimony and not custody. Moreover, D.C.Code § 16-912 (1989 RepLVol.) is entitled “Perma[42]*42nent alimony, enforcement, retention of dower.” If section 16-911 was intended only to provide the Superior Court with the ability to issue temporary custody orders, then logic would dictate that section 16-912 would address permanent custody.

Appellant is wrong when he cites section 16-914 as the only provision in the D.C.Code that permits the issuance of final custody orders.

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Bluebook (online)
701 A.2d 1170, 118 Md. App. 36, 1997 Md. App. LEXIS 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-hill-mdctspecapp-1997.