Hodge v. Maith

435 So. 2d 387
CourtDistrict Court of Appeal of Florida
DecidedJuly 28, 1983
Docket82-1382
StatusPublished
Cited by13 cases

This text of 435 So. 2d 387 (Hodge v. Maith) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hodge v. Maith, 435 So. 2d 387 (Fla. Ct. App. 1983).

Opinion

435 So.2d 387 (1983)

Roger HODGE, Appellant,
v.
Adrienne MAITH, Appellee.

No. 82-1382.

District Court of Appeal of Florida, Fifth District.

July 28, 1983.

*388 Jeffrey J. Fitos, Ocala, for appellant.

Gordon G. Oldham, Jr., State Atty., Fifth Judicial Circuit and Martin J. Campbell, Asst. State Atty., Tavares, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

Roger Hodge appeals from an order adjudicating him to be the father of Adrienne Maith's two children and ordering him to pay temporary support.

In October, 1980, Maith instituted suit against Hodge in Philadelphia County, Pennsylvania under the Uniform Reciprocal Enforcement of Support Act (URESA). Hodge resides in Marion County, Florida and Maith's petition was filed in Marion County Circuit Court by the state attorney, pursuant to chapter 88, Florida Statutes.

Hodge filed an answer denying that he is the father of the two children and the Marion County Circuit Court subsequently entered an order continuing the case for six months to allow the State of Pennsylvania to establish paternity.

Hodge was served by certified mail with notice of the paternity action in that state and he filed two motions to dismiss for lack of jurisdiction. In these motions, he alleged that he is a permanent resident of Florida and has had no contacts with Pennsylvania.[1]

Trial was held in Philadelphia County Family Court and a default judgment on the issue of paternity was entered against Hodge who failed to appear. The State of Florida then moved to enforce this judgment in Marion County Circuit Court and Hodge moved to have it vacated. The lower court accorded the judgment full faith and credit and ordered Hodge to pay temporary support.

Two questions are presented for review in the context of the overriding issue which is whether the Marion County Circuit Court was bound under the full faith and credit clause of the United States Constitution[2] by the finding of paternity made by the Pennsylvania court. The first question is whether Maith properly brought the instant action under the Uniform Reciprocal Enforcement *389 of Support Act (URESA), chapter 88, Florida Statutes (1981). The second question is whether, assuming the action was properly initiated, resolution of the paternity issue by the Pennsylvania court violates URESA and/or the due process clause of the Fourteenth Amendment.

As to the first question, it is clear that Maith's action was properly brought under URESA. It is true that in Kendrick v. Everheart, 390 So.2d 53 (Fla. 1980), the Florida Supreme Court declared that chapter 742, Florida Statutes (1981),[3] is a natural mother's exclusive legal remedy in establishing paternity and enforcing support rights on behalf of her child.[4] However, Maith was not required to personally come to Florida to institute a paternity and support action against Hodge since Florida has adopted URESA in chapter 88, Florida Statutes.

The purpose of URESA is to enable a dependent in one state to initiate proceedings in the state of her domicile for the purpose of securing money for support from a person residing in another state who is legally liable for the support of such dependent. State ex rel Arvayo v. Guerrero, 21 Ariz. App. 173, 517 P.2d 526 (1974); Lambrou v. Berna, 154 Me. 352, 148 A.2d 697 (1959). URESA creates no duty of support but simply provides a means for enforcing a duty of support as that duty may exist under the law of the responding state. Ray v. Pentlicki, 375 So.2d 875 (Fla. 2d DCA 1979).[5] This duty of support may be enforced in any responding state where jurisdiction over the father can be obtained. Johnson v. Ross, 405 N.E.2d 569 (Ind. App. 1980); Vigil v. Vigil, 30 Colo. App. 452, 494 P.2d 609 (1972).

In People of State of Arkansas v. Smith, 398 So.2d 512 (Fla. 2d DCA 1981), the Second District Court of Appeal recognized, at least by implication, that a non-resident mother could bring an action under URESA in this state for child support and that it would be appropriate for the Florida court to decide the issues of paternity and child support, assuming the absence of a valid prior judgment on the matters from another state. Indeed, chapter 88 provides for the determination of paternity issues in appropriate cases. § 88.235, Fla. Stat. (1981).

It is clear therefore that while chapter 742 provides the exclusive remedy for a natural mother in establishing paternity and enforcing support rights on behalf of her child, where a non-resident mother is involved and the putative father resides in this state, URESA may be used to institute an action against the putative father in Florida to enforce support duties and a determination of paternity may be made in the context of such an action. Since such an action is in reality pursuant to chapter 742, however, the requirements of that section, such as personal service on the putative *390 father when the complaint is filed in circuit court, must be complied with. See Drucker v. Fernandez, 288 So.2d 283 (Fla. 3d DCA 1974); T.J.K. v. N.B., 237 So.2d 592 (Fla. 4th DCA 1970). Here, the record does not reveal that personal service of process was made upon Hodge. However, even if Hodge was properly served, we believe that resolution of the paternity issue by the Pennsylvania court was improper under URESA and/or the due process clause of the Fourteenth Amendment.

Had the Pennsylvania court's determination of paternity constituted a valid, prior resolution of that issue, then the circuit court would have been required to give full faith and credit to that judgment and the issue could not be further litigated in this state. People of State of Arkansas v. Smith. See also People ex rel Franks v. Franks, 126 Ill. App. 51, 261 N.E.2d 502 (1970) (where Illinois is responding state under URESA and duty to support has been established by judgment in a sister state, Illinois court cannot redetermine the issue). However, full faith and credit need not be given to a judgment invalid in Florida by virtue of being offensive to the due process clause of the Fourteenth Amendment. Grover & Baker Sewing Machine Co. v. Radcliffe, 137 U.S. 287, 11 S.Ct. 92, 34 L.Ed. 670 (1890); Lanigan v. Lanigan, 78 So.2d 92 (Fla. 1955).

As noted previously, under URESA, the petitioner need not return to the state of the respondent's domicile in order to enforce support obligations. Rather, the petitioner need only file a verified motion for support in the appropriate court of any state in which the petitioner resides. § 88.111, Fla. Stat. If the initiating court finds that the motion is sufficient and that a court of the responding state may obtain jurisdiction of the respondent or his property, it shall send a copy of the petition to the responding state. § 88.141, Fla. Stat. This has the effect of requesting the responding state to obtain jurisdiction over the respondent. § 88.181, Fla. Stat. If jurisdiction is obtained, a hearing is set in the responding state at which the respondent may contest the claim.

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435 So. 2d 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodge-v-maith-fladistctapp-1983.