Joseph E. BOUDREAUX, II v. Jennifer BOUDREAUX; Jennifer Anne Theriot Boudreaux v. Joseph Elton Boudreaux, II

180 So. 3d 1245, 2015 La. LEXIS 2174
CourtSupreme Court of Louisiana
DecidedOctober 14, 2015
Docket2015-C -0536
StatusPublished
Cited by4 cases

This text of 180 So. 3d 1245 (Joseph E. BOUDREAUX, II v. Jennifer BOUDREAUX; Jennifer Anne Theriot Boudreaux v. Joseph Elton Boudreaux, II) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joseph E. BOUDREAUX, II v. Jennifer BOUDREAUX; Jennifer Anne Theriot Boudreaux v. Joseph Elton Boudreaux, II, 180 So. 3d 1245, 2015 La. LEXIS 2174 (La. 2015).

Opinions

[1247]*1247CLARK, J.

hWe granted this writ application to determine whether the court of appeal erred in its application of La. R.S. 46:236.1 et seq. After oral argument, we solicited responses to questions posed to the parties to assist in our understanding of the issues and procedures involved in this matter. All of.the parties promptly complied with cogent reasons which aided this court in addressing the issues, posed in this res novo matter with statewide implications. For the reasons that follow, we reverse the court of appeal’s judgment in its entirety and render judgment in accord with the trial court’s April 4, 2013 judgment.

FACTS AND PROCEDURAL HISTORY

Joseph E. Boudreaux, II and Jennifer Boudreaux were married on June 13,1997. Two children were born during their marriage. By judgment dated June 10, 2011; the parties divorced. On June 14, 2011, the parties entered into a consent judgment with regard to custody, visitation, and child support. Specifically, Joseph Lwas ordered to pay Jennifer child support in the amount of $1,200 per month for the relevant time period discussed herein. • '

On September 6, 2011, Joseph filed a rule to change custody and reduce child support. In the subsequent; months, discovery was conducted, as well as a custody evaluation, and the trial court eventually heard the rules to modify, custody and reduce support on March 19 and 20, 2012. The trial court signed a judgment that modified the custody arrangement but denied Joseph’s motion to reduce the child support amount. Accordingly, Joseph was required to continue .paying $1,200 a month to Jennifer.

■ On July 24, 2012, Joseph applied for services through the Department of Child and Family Services (hereinafter referred to as “DCFS”). Specifically, pursuant to Title 46, Joseph applied for support enforcement services available through the IV-D program 1 which allowed him to pay his support obligation directly to DCFS, who, as the new payee, would then tender the amount to Jennifer. In exchange for the services, he paid a twenty-five dollar registration fee, as well as a monthly administrative fee assessed by DCFS in the amount of five percent of his support obligation. This administrative fee was assessed in addition to his full support obligation.

Subsequently, DCFS issued a certification that enforcement services were being provided. Thereafter, the Terrebonne Parish District Attorneys Office, as the contract attorney for DCFS, filed an ex parte motion in the trial court to be recognized as the proper payee of the child support award in accordance with La. R.S. 46:236.2. The trial court granted the motion on August 13, 2012.

On September 5, 2012, Joseph filed a motion to reduce child support due to a “change in marital status.”2 Pursuant to [1248]*1248La. R.S. 46:236.5 and 32nd Judicial District Court Rules 14A.1-14A.7, the motion was heard by a hearing officer ¡¡¡assigned to IV-D cases. The motion was served on both the Terrebonne Parish. District Attorney and Jennifer, as the custodial parent. Jennifer filed an exception of no right of action, arguing DCFS had no right to intercede because the claim was not properly within the jurisdiction of IV-D categories over which a hearing officer has authority. In particular, she asserted that in order to invoke the services of DCFS, one must be receiving public benefits or delinquent in their child support payments. In making this argument, she relies on La. R.S. 46:236.1.2 and 42 U.S.C. § 654(B)(i)-(ii). Jennifer argues Joseph met neither statutory requirement. Moreover, Jennifer contended she, as payee, never sought enforcement services; thus, the requirement that DCFS must certify that support enforcement services are being furnished was not met.

The hearing officer denied Jennifer’s exception of no right of action, and the hearing ensued. The hearing officer ultimately made a recommendation to the trial court to reduce Joseph’s child support obligation from $1,200 per month to $700 per month.

Jennifer filed an objection to the hearing officer’s recommendation with the trial court, therein renewing her exception of no right of action and also contesting the recommendation on the merits insofar as remarriage alone does not constitute a material change' in circumstances to justify a reduction in child support.

The trial court, after a hearing in March 2013, accepted the healing officer’s recommendations. Jennifer appealed, arguing DCFS improperly intervened in the proceeding due to Joseph’s ineligibility to apply for enforcement services. Additionally, Jennifer challenged the judgment on the merits on the basis that remarriage does not justify a modification of child support and, thus, the trial court erred in reducing the support obligation. The court of appeal reversed, holding Joseph did not meet the requirements of the IV-D program. As such, the court of appeal sustained Jennifer’s exception of no right of action, vacated the trial court’s |4April 4, 2013 judgment, and reinstated the trial court’s May 8, 2012 judgment. Boudreaux v. Boudreaux, 13-1149 (La.App. 1 Cir. 2/11/15), 170 So.3d 223.

Joseph filed the instant writ application, arguing the court of appeal improperly interpreted the provisions of La. R.S. 46:236.1 et seq. by disallowing him, as the payor parent, to seek the enforcement services of DCFS, because he is neither delinquent nor receiving public assistance. We granted certiorari to determine the requirements to qualify for child support services through the IV-D program. Boudreaux v. Boudreaux, 15-536 (La.6/30/15) 172 So.3d 1094.

STANDARD OF REVIEW

The issue in this case involves the applicability and interpretation of La. R.S. 46:236.1.2 and La. R.S. 46:236.2. Thus, this case presents us with a question of law, which requires 'de novo review. Holly & Smith Architects, Inc. v. St Helena Congregate Facility, Inc., 06-0582, p. 9 (La.11/29/06), 943 So.2d 1037, 1045. Applying this standard of review to the instant matter, we will determine whether a payor parent who is neither delinquent in his payments nor receiving public benefits, can still avail himself of the Title IV-D program. ■

RELEVANT LAW AND ARGUMENTS

At issue is the availability of the IV-D child support enforcement program' to a payor parent who applies for services despite having never received public assis[1249]*1249tance nor being delinquent m his support payments. La. R.S. 46:236.1.2, in pertinent part, provides:

A. The department is hereby authorized to develop and implement a program of family support in FITAP cases, Title IV-E Foster Care cases, Medicaid only cases, and any other category of cases to which the state is required by federal law or regulation to provide services, designed to do the following:
(1) Enforce, collect, " and distribute the swpport obligation owed by any person to his child or children and to his spouse or former spouse tvith whom the child is living if a support obligation has been established with respect to such spouse or former spouse.
| s(2) Locate absent parents.
(3) Establish paternity.

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180 So. 3d 1245, 2015 La. LEXIS 2174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-e-boudreaux-ii-v-jennifer-boudreaux-jennifer-anne-theriot-la-2015.