Klingel v. Reill

841 N.E.2d 1256, 446 Mass. 80, 2006 Mass. LEXIS 32
CourtMassachusetts Supreme Judicial Court
DecidedFebruary 14, 2006
StatusPublished
Cited by8 cases

This text of 841 N.E.2d 1256 (Klingel v. Reill) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Klingel v. Reill, 841 N.E.2d 1256, 446 Mass. 80, 2006 Mass. LEXIS 32 (Mass. 2006).

Opinion

Sosman, J.

The defendant (husband) appeals from a judgment finding him in contempt for failure to pay child support. He contends that the Probate and Family Court did not have [81]*81jurisdiction to enforce the child support order, and that his motion to dismiss his former wife’s complaint for contempt should have been allowed. We transferred the case to this court on our own motion. For the following reasons, we conclude that the Probate and Family Court had jurisdiction, and we therefore affirm the judgment.

1. Background. The parties, formerly husband and wife, were divorced in Massachusetts in 1990. By an agreement (merged into the judgment of divorce), the wife was awarded physical custody of the two minor children, with weekly child support to be paid by the husband. The husband was also to maintain health insurance coverage for the wife and children, and to pay any uninsured medical expenses incurred in caring for the children. At the time the judgment was entered, both the husband and the wife resided in Massachusetts. In 1991, the husband moved to Tennessee and, thereafter, to Utah, where he presently resides. The wife and children remained in Massachusetts for some time, but, as of 2002, were residing in New York.

On April 10, 2002, the wife filed a pro se complaint for contempt in the Probate and Family Court seeking to recover arrearages in child support and medical payments. The husband filed a motion to dismiss on the ground that none of the parties resided in Massachusetts. That motion was allowed, and the complaint was dismissed without prejudice. The wife took no appeal from the judgment of dismissal.

In March, 2003, the wife returned to Massachusetts with the children and resumed residence here. Represented by counsel, the wife filed a new complaint for contempt on July 8, 2003, and an amended complaint on August 22, 2003.1 The husband again moved to dismiss the contempt complaint, arguing that, despite the wife’s return and resumption of residence in Massachusetts, none of the parties had “remain[ed]” continuously [82]*82in Massachusetts. G. L. c. 209D, § 2-205 (a) (l).2 The motion to dismiss was denied. The husband was found in contempt for failure to pay child support and medical payments over a period of two years, resulting in total arrearages of $38,400, and was ordered to make monthly payments to reduce those arrearages.

2. Discussion. The husband argues that Massachusetts courts lost jurisdiction over the child support order in question when all parties (husband, wife, and children) left Massachusetts and resided elsewhere, and that the return of the wife and children to Massachusetts did not operate to confer jurisdiction on Massachusetts courts. His argument is based on G. L. c. 209D, § 2-205 (a) (1), which provides: “A tribunal of the commonwealth issuing a support order consistent with the law of the commonwealth has continuing, exclusive jurisdiction over a child support order ... as long as the commonwealth remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued . . . .” The husband contends that the term “remains the residence” implicitly requires that, in order for Massachusetts courts to have jurisdiction, there must be no interruption in the Massachusetts residence of at least one of the parties, i.e., that residence in the Commonwealth must be continuous from the time the support order is issued up until the time one of the parties brings the action based on that order. Thus, according to the husband, Massachusetts lost jurisdiction over the support order when the wife and children moved to New York, and despite their return to Massachusetts, any action to enforce that order must now be brought in Utah, where the husband resides.

The issue, then, is whether the Legislature intended the term “remains the residence” to include the circumstance where Massachusetts is the current residence of one of the parties or the child, notwithstanding the fact that that party or child may have previously left Massachusetts and later returned to resume residence here. “When a statute does not define its words we give them their usual and accepted meanings, as long as these meanings are consistent with the statutory purpose. . . . We [83]*83derive the words’ usual and accepted meanings from sources presumably known to the statute’s enactors, such as their use in other legal contexts and dictionary definitions.” Commonwealth v. Bell, 442 Mass. 118, 124 (2004), quoting Commonwealth v. Zone Book, Inc., 372 Mass. 366, 369 (1977).

General Laws c. 209D was enacted in 1995, St. 1995, c. 5, § 87, adopting the 1992 version of the Uniform Interstate Family Support Act (UIFSA). See Child Support Enforcement Div. of Alaska v. Brenckle, 424 Mass. 214, 217-218 (1997). Section 205(a)(1) of the 1992 UIFSA uses language identical to G. L. c. 209D, § 2-205 (a) (1), conferring continuing, exclusive jurisdiction on the tribunal that issued the child support order as long as that State “remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued.” UIFSA (1992) § 205(a)(1), 9 (Part IB) U.L.A. 487 (Master ed. 2005). In the comment to § 205 of the 1992 UIFSA, the drafters explained that the tribunal that originally issued the child support order would lose its continuing, exclusive jurisdiction “[i]f all parties and the child reside elsewhere,” because the issuing State would “no longer ha[ye] a nexus with the parties or the child,” and the issuing court would have “no current information about the circumstances of anyone involved.” Comment to UIFSA (1992) § 205, supra at 488. When UIFSA was revised in 1996, § 205(a)(1) remained the same, but the comment to § 205 further elaborated on the reasons why all parties’ absence from the issuing State should operate to deprive the issuing State of jurisdiction. That comment explained that, once the parties and the child “have permanently left the issuing [Sjtate,” there was no nexus with the State, no current information, and “no reason” for the taxpayers of the issuing State “to expend public funds on the process.” Comment to UIFSA (1996) § 205, supra at 340.

The husband’s interpretation of “remains the residence,” i.e., his proposed requirement that that residence be continuous and uninterrupted, is at odds with the rationale of G. L. c. 209D, § 2-205 (a) (1), as articulated in these comments. When the parties and child have left the Commonwealth but then one or more of them returns, they do not all “reside elsewhere,” nor have they all “permanently” left the Commonwealth. A party’s [84]*84or a child’s resumption of residence in the Commonwealth provides the requisite “nexus” with Massachusetts; the court in Massachusetts would, once again, have available “current information” about the matter; and there would be a reason for the Commonwealth to expend public funds on proceedings involving the support order. When the Legislature adopted the language of the 1992 version of UIFSA (“remains the residence”), it intended an interpretation of that term consistent with the rationale explained in the comment accompanying that language. When one of the parties or the child presently resides in the Commonwealth, that rationale applies, notwithstanding any prior period of time during which that party or child resided elsewhere. See Gowdey v. Gowdey,

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Bluebook (online)
841 N.E.2d 1256, 446 Mass. 80, 2006 Mass. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klingel-v-reill-mass-2006.