Hodges v. COM., DEPT. OF SOCIAL SERVICES

598 S.E.2d 778, 43 Va. App. 463, 2004 Va. App. LEXIS 321
CourtCourt of Appeals of Virginia
DecidedJuly 13, 2004
DocketRecord 2182-03-3
StatusPublished
Cited by5 cases

This text of 598 S.E.2d 778 (Hodges v. COM., DEPT. OF SOCIAL SERVICES) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hodges v. COM., DEPT. OF SOCIAL SERVICES, 598 S.E.2d 778, 43 Va. App. 463, 2004 Va. App. LEXIS 321 (Va. Ct. App. 2004).

Opinions

ELIZABETH A. McCLANAHAN, Judge.

Angela Hodges appeals a circuit court order affirming an administrative support order issued by the Commonwealth of Virginia, Department of Social Services, Division of Child Support Enforcement (DCSE), requiring reimbursement of a public assistance debt incurred on behalf of her minor child. She contends that Code § 63.2-1908 precludes DCSE from assessing the debt against her. For the reasons that follow, we affirm the trial court.

I. Background

Angela M. Hodges and Ronald R. Hodges are the parents of N., born in 1989. From 1990 to 1995, N. resided with her paternal grandmother, Phyllis Hodges. During that time, Phyllis Hodges received Temporary Assistance for Needy Families (TANF) benefits from the Department of Social Services for the care of N. Ronald Hodges reimbursed the Department of Social Services for all but $2,860 of the TANF monies paid for N’s benefit. In 1995, N. returned to her parents’ home and continues to reside there.

In 2002, DCSE issued an administrative support order seeking reimbursement from Angela Hodges for the balance of the TANF moneys paid on behalf of N. The order allowed for a payment of $65 per month for each of the months TANF benefits were received for N.

Angela Hodges is not currently receiving any public assistance moneys, including TANF. However, the household does receive food stamps in the form of an electronic benefit card, and Medicaid assistance for the benefit of the children.

Angela Hodges appealed the administrative support order to the juvenile and domestic relations district court, which dismissed the order. DCSE appealed the decision to the [467]*467circuit court, which found that the code section did not bar DCSE from collecting the debt.1 This appeal followed.

II. Analysis

On appeal, questions of statutory interpretation are reviewed de novo by this Court. Issues of “pure statutory interpretation [are] the prerogative of the judiciary.” Sims Wholesale Co. v. Brown-Forman Corp., 251 Va. 398, 404, 468 S.E.2d 905, 908 (1996). “This axiom stems from basic principles of separation of powers. ‘It is emphatically the province and duty of the judicial department to say what the law is.’ ” Finnerty v. Thornton Hall, Inc., 42 Va.App. 628, 635, 593 S.E.2d 568, 571 (2004) (quoting Marbury v. Madison, 5 U.S. 137 (1 Cranch) 137, 177, 2 L.Ed. 60 (1803)). Therefore, “we review the trial court’s statutory interpretations and legal conclusions de novo.” Rollins v. Commonwealth, 37 Va.App. 73, 79, 554 S.E.2d 99, 102 (2001) (citing Timbers v. Commonwealth, 28 Va.App. 187, 193, 503 S.E.2d 233, 236 (1998)).

Code § 63.2-1908 provides that payment of public assistance money for a child constitutes a debt to DCSE by noncustodial parents. In pertinent part, the statute states:

Debt created by an administrative support order under this section shall not be incurred by nor at any time be collected from a noncustodial parent who is the recipient of public assistance moneys for the benefit of minor dependent children for the period such person or persons are in such status.

The issue in this appeal is simply whether, in the context of the statute, the term “public assistance moneys” includes food stamps and Medicaid assistance. The appellant contends that because her household receives these two forms of public assistance for the benefit of her children DCSE is prohibited by the statute from collecting the outstanding TANF debt.

[468]*468“In construing statutes, courts are charged with ascertaining and giving effect to the intent of the legislature.” Crown Cent. Petroleum, Corp. v. Hill, 254 Va. 88, 91, 488 S.E.2d 345, 346 (1997) (citing City of Winchester v. American Woodmark Corp., 250 Va. 451, 457, 464 S.E.2d 148, 152 (1995)). In Code § 63.2-1908, the legislature chose to use the phrase “public assistance moneys” rather than simply “public assistance.” In some parts of the statute, the phrase “public assistance” is used; in other parts, “public assistance moneys” is used. The question then becomes what the legislature meant by including the word “moneys.”

“It is a basic rule of statutory construction that a word in a statute is to be given its everyday, ordinary meaning unless the word is a word of art.” Stein v. Commonwealth, 12 Va.App. 65, 69, 402 S.E.2d 238, 241 (1991) (citing Lovisi v. Commonwealth, 212 Va. 848, 850, 188 S.E.2d 206, 208, cert. denied, 407 U.S. 922, 92 S.Ct. 2469, 32 L.Ed.2d 808 (1972)). The ordinary use of the word money, or moneys in plural, is cash or currency. See Black’s Law Dictionary 695 (abridged 6th ed. 1991) (defining money as “coins and paper currency used as circulating medium of exchange”). Money, including forms other than cash or currency (i.e. cheeks, debit cards, credit cards), is a medium of exchange that is universally accepted across the country for the purpose of purchasing, or paying for, a wide variety of commodities, which includes both goods and services. In the two code sections of the Act where the legislature used the words “public assistance moneys,” Code §§ 63.2-1908 and 63.2-1909, it is placed in the context of a payment, or money being paid.

“Proper construction seeks to harmonize the provisions of a statute both internally, and in relation to other statutes.” Commonwealth v. Wallace, 29 Va.App. 228, 233, 511 S.E.2d 423, 425 (1999). In Wallace this Court wrote:

The words chosen by the legislature in drafting a statute derive meaning from both definition and context and, therefore, we divine legislative intent by construing an enactment as a whole, together with companion statutes, if any. The [469]*469legal maxim, noscitur a sociis, instructs that “a word takes color and expression from the purport of the entire phrase of which it is a part, and ... must be read in harmony with its context.” Turner v. Commonwealth, 226 Va. 456, 460, 309 S.E.2d 337, 339 (1983). Similarly, legislative purpose can best be “ ‘ascertained from the act itself when read in the light of other statutes relating to the same subject matter.’ ” Moreno v. Moreno, 24 Va.App. 190, 197, 480 S.E.2d 792, 796 (1997). The doctrine of pari materia

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Hodges v. COM., DEPT. OF SOCIAL SERVICES
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600 S.E.2d 175 (Court of Appeals of Virginia, 2004)

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Bluebook (online)
598 S.E.2d 778, 43 Va. App. 463, 2004 Va. App. LEXIS 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodges-v-com-dept-of-social-services-vactapp-2004.