In Re Child Support of Mason

1998 MT 192, 964 P.2d 743, 290 Mont. 253, 55 State Rptr. 803, 1998 Mont. LEXIS 171
CourtMontana Supreme Court
DecidedAugust 6, 1998
Docket98-043
StatusPublished
Cited by6 cases

This text of 1998 MT 192 (In Re Child Support of Mason) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Child Support of Mason, 1998 MT 192, 964 P.2d 743, 290 Mont. 253, 55 State Rptr. 803, 1998 Mont. LEXIS 171 (Mo. 1998).

Opinions

JUSTICE LEAPHART

delivered the Opinion of the Court.

¶ 1 George Stephen Mason (George) appeals from the decision of the Twenty-First Judicial District Court, Ravalli County, giving full faith and credit to a Utah default judgment awarding Sheila Smith (Sheila) past due child support. Sheila filed the Utah judgment in Montana seeking its enforcement. George, however, sought relief from the Utah judgment maintaining that the Utah court lacked personal jurisdiction over him and thus could not enter a valid default judgment. The District Court determined that the Utah judgment is entitled to full faith and credit in Montana. We affirm.

Factual and Procedural Background

¶2 This child support case is a bit unique in that the parties were divorced in 1959 and the children for whom Sheila seeks child support are now approximately 40 years old. To complicate matters further, the parties married in Utah, dissolved their marriage in Utah and raised the children in Utah. George moved to Montana in 1985 or 1986, nearly 10 years after the children reached majority. The crux of this case is that since the dissolution of the parties’ marriage in 1959, George has actively avoided his child support obligations and Sheila has diligently protected her rights.

¶3 The parties ended their marriage when the children were approximately two years old. George was ordered to pay $50 a month per child and $50 a month in maintenance. During the sixteen years that Sheila raised the children, she sought enforcement of George’s support obligations and with the exception of a few payments, George failed to meet those obligations. In 1970, a Utah court entered judgment in the amount of $11,705 for delinquencies accrued under the parties’ divorce decree.

¶4 In-1977, when both children reached majority, Sheila sought and obtained a final judgment in Utah as to past due child support obligations. George failed to appear in the 1977 matter and default judgment was entered against him. Thereafter, George sought to set aside the default judgment arguing that, in light of Utah Code Ann. [256]*256§ 78-12-22 (1953), which provides an eight-year statute of limitations on enforcement of judgments, the default judgment was not renewable. In other words, George argued that the 1970 judgment that Sheila obtained would expire in 1978 and could not be renewed by refiling the judgment. The lower court denied his motion to set aside the default judgment and let the 1970 judgment stand. George appealed the matter to the Supreme Court of Utah.

¶5 The Utah Supreme Court, at Mason v. Mason (Utah 1979), 597 P.2d 1322, determined that the lower court did not abuse its discretion in denying the motion to set aside because George failed to raise a valid defense. In addition, the court clarified that the 1970 judgment was renewable. The Utah Supreme Court explained that “the owner of the cause of action has already resorted to the court to preserve it; and unless [she] can bring another action on the judgment within the eight-year period, [she] has no way of preventing the loss of [her] justly adjudicated claim.” Mason, 597 P.2d at 1324. The court determined that Sheila was awarded a valid final judgment as to the past due amounts and ruled that the judgment was renewable, thus allowing Sheila an opportunity to preserve her judgment.

¶6 Thereafter, Sheila renewed her judgment in compliance with Utah law every eight years and the balance continued to accrue interest. Most recently, Sheila renewed her Utah judgment in 1993. At no time prior to the 1993 action to renew the judgment did George contend that the Utah courts lacked jurisdiction over him regarding his child support obligations. However, in response to Sheila’s 1993 renewal, George filed a motion to dismiss for lack of personal jurisdiction. George maintains that, because he no longer lives in Utah and no longer has “minimum contacts” with that state, the Utah court’s exercise of jurisdiction violates due process as not comporting with the fair play and substantial justice standard set forth by the United States Supreme Court in International Shoe Co. v. Washington (1945), 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95. As a result, George asserts that the Utah court lacked jurisdiction to enforce the judgment against him.

¶7 Following extensive briefing by the parties, the Utah court denied George’s motion to dismiss for lack of personal jurisdiction. Thereafter, George failed to file any further appearances in the Utah court and a default judgment renewing the original judgment was entered against him for past due child support plus interest in the total amount of $48,740.

[257]*257¶8 Upon successfully renewing her judgment in 1993, Sheila employed the services of a Montana child support enforcement agency which filed the Utah judgment in Montana. The agency, acting on Sheila’s behalf, sought enforcement of the Utah judgment against George in Montana and an order suspending George’s driver’s license. George sought relief from the default judgment asserting that the Utah judgment should not be given full faith and credit because the Utah court lacked personal jurisdiction over him when it entered the judgment. George requested that the Ravalli County District Court revisit the issue of whether the Utah court had personal jurisdiction over him. In addition, George asserted that suspension of his driver’s license would result in a hardship for him because his employment involved an extensive amount of driving.

¶9 Following a hearing, the District Court determined that because the Utah decision was not “modified or vacated by an appeal” it is entitled to full faith and credit. Additionally, the District Court determined that suspension of George’s driver’s license would result in a hardship for him and thus stayed the suspension pending payment by George of one-third of the total amount due within 30 days and regular payments thereafter in accordance with a fixed payment plan. ¶10 George appeals to this Court raising the issues of whether the District Court properly afforded the Utah judgment full faith and credit and whether the court abused its discretion in conditioning the stay of suspension of the driver’s license upon an immediate payment of one-third of the judgment.

Discussion

I

¶11 1) Did the District Court err in affording the Utah judgment full faith and credit?

¶12 The United States Constitution provides that “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” U.S. Const., art. IV, § 1. The United States Supreme Court recently clarified that “[a] final judgment in one State, if rendered by a court with adjudicatory authority over the subject matter and persons governed by the judgment, qualifies for recognition throughout the land.” Baker v. General Motors Corp. (1998),_U.S._, 118 S.Ct. 657, 664, 139 L.Ed.2d 580 (emphasis added). Thus, a final judgment rendered by a court of one state is entitled to full faith and credit in another state so long as the [258]*258court rendering the decision had jurisdiction over the subject matter and the parties. George asserts that the Utah court lacked personal jurisdiction over him because he no longer has minimum contacts with Utah and thus the Utah decision is not entitled to full faith and credit in Montana.

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In Re Child Support of Mason
1998 MT 192 (Montana Supreme Court, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
1998 MT 192, 964 P.2d 743, 290 Mont. 253, 55 State Rptr. 803, 1998 Mont. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-child-support-of-mason-mont-1998.