Jurado v. Brashear

782 So. 2d 575, 2001 WL 267878
CourtSupreme Court of Louisiana
DecidedMarch 19, 2001
Docket2000-C-1306
StatusPublished
Cited by42 cases

This text of 782 So. 2d 575 (Jurado v. Brashear) 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
Jurado v. Brashear, 782 So. 2d 575, 2001 WL 267878 (La. 2001).

Opinion

782 So.2d 575 (2001)

Angela JURADO
v.
George Hyot BRASHEAR.

No. 2000-C-1306.

Supreme Court of Louisiana.

March 19, 2001.

*576 David P. Oliver, Counsel for Applicant.

Mary C. Devereux, Covington, LA, Counsel for Respondent.

LEMMON, Justice.

The principal issue presently before the court in this child support action is whether the Louisiana court that originally issued the child support order retained continuing exclusive jurisdiction under La. Ch. Code arts. 1301.1-1308.2, after both parents and the children had relocated to other states, not only to enforce the Louisiana order, but also to modify that order.

Facts

George Brashear and Angela Jurado are the parents of two children born out of wedlock in Louisiana in 1985 and 1988. Brashear never disputed paternity, but the parties did litigate custody and child support in 1995 in the district court in St. Tammany Parish. At the time of the litigation, Jurado and the children were residing in St. Tammany Parish, and Brashear had been residing in Mississippi since 1992.

The district court rendered a consent judgment in 1995 granting Jurado sole custody of the two children, with reasonable visitation rights to Brashear, and ordering Brashear to pay child support, maintain medical insurance and pay certain medical expenses. For about two years thereafter, Brashear complied with the consent judgment by making child support payments.

In April 1997, Jurado and the children moved to Ohio. Six months later, Jurado filed a rule in St. Tammany Parish to increase child support based on an alleged increase in Brashear's income. Brashear, who was served in Mississippi pursuant to the Louisiana Long-Arm Statute, made a special appearance and excepted to the jurisdiction of the Louisiana court to increase child support. The trial court overruled the exception, and Brashear then filed a rule for change of custody.

After a hearing, the trial court rendered a judgment increasing child support to $1,046 per month and awarding Jurado $3,344 in past due child support payments. The court also maintained sole custody with Jurado, but increased Brashear's visitation rights.

The court of appeal affirmed. 98-2729 (La.App. 1st Cir.4/17/00), 764 So.2d 1066. The court held that the Louisiana court had continuing, exclusive jurisdiction to enforce the support order it had issued. The decision further held that the district court also retained continuing, exclusive jurisdiction to modify the support order, even though both parents and the children no longer resided in Louisiana, until that order was registered in another state for the purpose of obtaining a modification.[1]

This court granted Brashear's application for certiorari to address this issue of first impression, particularly as to jurisdiction *577 to modify the order. 00-1306 (La.6/23/00),765 So.2d 345.

Jurisdiction Generally

Jurisdiction, a term with multiple meanings, primarily indicates the power to adjudicate. See La.Code Civ. Proc. art. 1 (defining jurisdiction as a court's legal power and authority to hear an action and grant relief). Subject matter jurisdiction, defined by La.Code Civ. Proc. art. 2 as "the legal power and authority of a court to hear and determine a particular class of actions or proceedings, based upon the object of the demand, the amount in dispute, or the value of the right asserted," is an essential element for every civil action.

In every civil case in Louisiana, the court must have not only subject matter jurisdiction, but also either (1) personal jurisdiction under La.Code Civ. Proc. art. 6, (2) property jurisdiction under La.Code Civ. Proc. art. 8 or 9, or (3) status jurisdiction under La.Code Civ. Proc. art. 10.

In the present case, although Brashear asserts the lack of subject matter jurisdiction, the district court in St. Tammany Parish clearly had subject matter jurisdiction under La. Const. art. V, § 16(A) to adjudicate the particular class of action, i.e., child support, and in fact adjudicates this type of action every day. Thus the exception to subject matter jurisdiction was properly overruled.

The critical jurisdictional issue in this case is whether the St. Tammany court had personal jurisdiction under La.Code Civ. Proc. art. 6[2] and La. Ch.Code arts. 1301.1-1308.2 to render a judgment increasing Brashear's personal obligation to pay additional child support.

The Louisiana Uniform Interstate Family Support Act

Prior to 1995, interstate child and spousal[3] support was governed by the Uniform Reciprocal Enforcement of Support Act (URESA). See former La. Ch.Code arts. 1301-1342, repealed in 1995. Under URSA, when one state made a support award and a second state subsequently modified the award, the effect was to create two conflicting awards. The result was that multiple and conflicting support orders frequently were in effect in several states at the same time.

In 1995, the Louisiana Legislature repealed URESA and adopted the Uniform *578 Interstate Family Support Act (UIFSA), which followed the provisions of the Model Act promulgated by the National Conference of Commissioners on Uniform State Laws.[4] The primary purpose of UIFSA was to eliminate multiple and inconsistent support orders by establishing a principle of having only one controlling order in effect at any one time. This principle was implemented by a definitional concept called "continuing, exclusive jurisdiction," under which the state that issues the support order (the issuing state) retains exclusive jurisdiction over the order, until specified conditions occur which provide a basis for jurisdiction in another state.

La. Ch.Code art. 1302.5 (which mirrors Section 205 of the Model Act) provides the concept of continuing, exclusive jurisdiction, in part, as follows:

A. A tribunal of this state issuing a support order consistent with the laws of this state has continuing, exclusive jurisdiction over a child support order as follows:
(1) As long as this state remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued.
(2) Until all of the parties who are individuals have filed written consent with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.[5]
B. A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to this Chapter or a law substantially similar to this Chapter.
C. If a child support order of this state is modified by a tribunal of another state pursuant to this Chapter or a law substantially similar to this Chapter, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:
(1) Enforce the order that was modified as to amounts accruing before the modification.
(2) Enforce nonmodifiable aspects of that order.

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Cite This Page — Counsel Stack

Bluebook (online)
782 So. 2d 575, 2001 WL 267878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jurado-v-brashear-la-2001.