LeTellier v. LeTellier

40 S.W.3d 490
Tennessee Supreme Court·Decided March 27, 2001·Published·Cited by 64 cases

Opinion

40 S.W.3d 490 (2001)

Teresa B. LETELLIER
v.
Steven G. LETELLIER.

Supreme Court of Tennessee, at Nashville.

March 27, 2001.

*492 Andrea McKellar and Gregory Dye Smith, Nashville, TN, for defendant/appellant, Steven G. LeTellier.

Jon Steven Jablonski, Nashville, TN, for plaintiff/appellee, Teresa B. LeTellier.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Stuart F. Wilson-Patton, for amicus curiae, Tennessee Department of Human Services.

*491 OPINION

HOLDER, J., delivered the opinion of the court, in which ANDERSON, C.J., and DROWOTA, BIRCH, and BARKER, JJ., joined.

We granted this appeal to address the following issues regarding the modification of out-of-state support orders: 1) the interrelation of § 36-5-2201, § 36-5-2202, and § 36-5-2611(a) of Tennessee's Uniform Interstate Family Support Act ("UIFSA") and the extent to which those statutes confer jurisdiction upon Tennessee courts to modify out-of-state support orders; and 2) the preemption of Tennessee's UIFSA by the jurisdictional provisions of the Federal Full Faith and Credit for Child Support Orders Act ("FFCCSOA"). We hold that § 36-5-2202 is not applicable to actions to modify out-of-state support orders. Section 36-5-2202 is applicable, however, to actions in which long-arm personal jurisdiction is acquired via § 35-5-2201 to establish, enforce, or modify Tennessee support orders. Tennessee courts have subject matter jurisdiction to modify support orders issued by other states only when § 36-5-2611(a) of UIFSA has been satisfied. We further hold that the jurisdictional provisions of the Federal FFCCSOA do not conflict with UIFSA. Accordingly, UIFSA is not preempted by federal law.

BACKGROUND

In May 1989, the Superior Court of the District of Columbia entered an order adjudging Steven G. LeTellier to be the father of Teresa B. LeTellier's child, Nicholas. The court awarded custody of Nicholas to Ms. LeTellier and ordered Mr. LeTellier to pay child support. Ms. LeTellier later moved with Nicholas to Tennessee, and Mr. LeTellier moved to Virginia.

In September 1998, Ms. LeTellier filed petitions in the Juvenile Court of Davidson County, Tennessee, seeking (1) to enroll the District of Columbia order, and (2) to modify the child support award. Mr. LeTellier moved to dismiss the petition to modify. A juvenile court referee granted the motion to dismiss on grounds that the Tennessee court lacked subject matter jurisdiction to modify the support order. The juvenile court affirmed the referee's findings but ordered that the case be transferred to the appropriate court in Virginia, where Mr. LeTellier resides.

The Court of Appeals reversed the trial court's holding. The court found that the jurisdictional provisions of Tennessee's Uniform Interstate Family Support Act *493 conflict with the Federal Full Faith and Credit for Child Support Orders Act. It held that FFCCSOA preempted UIFSA and conferred jurisdiction upon the Davidson County Juvenile Court. We granted review. Whether the juvenile court had jurisdiction is a question of law over which our review is de novo with no presumption of correctness. See, e.g., Northland Ins. Co. v. State, 33 S.W.3d 727, 729 (Tenn.2000).

ANALYSIS

I. Jurisdiction Under UIFSA

A. Continuing Exclusive Jurisdiction and Loss of Jurisdiction of the Issuing State

The Uniform Interstate Family Support Act, Tenn.Code Ann. § 36-5-2201, et seq., controls the establishment, enforcement, or modification of support orders across state lines. UIFSA is intended to "recognize that only one valid support order may be effective at any one time." Unif. Interstate Family Support Act, U.L.A. (1996) (prefatory notes). Key to promoting UIFSA's intent is the concept of "continuing exclusive jurisdiction." A state that issues a support order has continuing exclusive jurisdiction over that order. No other state may modify that order as long as the issuing state has continuing exclusive jurisdiction.

The issuing state may lose continuing exclusive jurisdiction, however. In this case, the District of Columbia lost continuing exclusive jurisdiction when Mr. LeTellier, Ms. LeTellier, and Nicholas were no longer residents of that state.[1] Tenn.Code Ann. § 36-5-2205(a)(1). The District of Columbia "no longer ha[d] an appropriate nexus with the parties or the child to justify exercise of jurisdiction to modify." Tenn.Code Ann. § 36-5-2205 cmt.[2]

B. Section 2611(a): Tennessee's Jurisdiction to Modify Out-of-State Orders

Section 36-5-2611(a) of UIFSA confers subject matter jurisdiction upon Tennessee courts to modify child support orders issued by other states. It provides:

Modification of child support order of another state—
(a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if ... after notice and hearing it finds that:
(1) The following requirements are met:
(i) The child, the individual obligee, and the obligor do not reside in the issuing state;
(ii) A petitioner who is a nonresident of this state seeks modification; and
(iii) The respondent is subject to the personal jurisdiction of the tribunal of this state....

Tenn.Code Ann. § 36-5-2611(a) (emphasis added).

Because Ms. LeTellier is a resident of Tennessee, she fails to meet the requirement of § 36-5-2611(a)(1)(ii). Consequently, § 36-5-2611(a) does not confer subject matter jurisdiction upon the Juvenile *494 Court of Davidson County to hear Ms. LeTellier's petition to modify the District of Columbia's support order.

C. Reconciling Section 2611(a) with Section 2202

Ms. LeTellier claims, however, that § 36-5-2611(a)(1)(ii) does not preclude the exercise of jurisdiction because § 36-5-2201 and § 36-5-2202 provide the basis for jurisdiction in this case. Because long-arm jurisdiction was obtained over Mr. LeTellier pursuant to § 36-5-2201, § 36-5-2202 became applicable. Section 36-5-2202, Ms. LeTellier argues, expressly precludes any application of § 36-5-2611(a) to this case. Section 36-5-2202 provides as follows:

Procedure when exercising jurisdiction over nonresident—
A tribunal of this state exercising personal jurisdiction over a nonresident under § 36-5-2201 [the long-arm statute] may apply § 36-5-2316 (Special Rules of Evidence and Procedure) to receive evidence from another state, and § 36-5-2318 (Assistance with Discovery) to obtain discovery through a tribunal of another state. In all other respects, parts 23 through 27 do not apply and the tribunal shall apply the procedural and substantive law of this state, including the rules on choice of law o

Free access — add to your briefcase to read the full text and ask questions with AI

LeTellier v. LeTellier, 40 S.W.3d 490 (Tenn. 2001).

40 S.W.3d 490 (LeTellier v. LeTellier) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

James L. Davidson v. Jeremy Howard Johnson
Court of Appeals of Tennessee, 2024
Martin Holmes v. David Karkau
Court of Appeals of Tennessee, 2022
Patricia H. Parks Monteith v. George H. Monteith Jr.
2021 ME 40 (Supreme Judicial Court of Maine, 2021)
In re Henson
Court of Appeals of Kansas, 2020
Friedah v. Friedah
2019 Ohio 1842 (Ohio Court of Appeals, 2019)
Ferguson v. Wallace-Ferguson
2018 ND 122 (North Dakota Supreme Court, 2018)
Lee Stack, III v. Joann Valerie Stack
Court of Appeals of Tennessee, 2016
In the Matter of Glenda J. Ball and Frank A. Ball
168 N.H. 133 (Supreme Court of New Hampshire, 2015)
In re Marriage of Edelman
2015 IL App (2d) 140847 (Appellate Court of Illinois, 2015)
Collins v. The Department of Health and Human Services
2014 IL App (2d) 130536 (Appellate Court of Illinois, 2014)
Collins v. Department of Health & Family Services ex rel. Paczek
2014 IL App (2d) 130536 (Appellate Court of Illinois, 2014)
Castro v. Haugh
225 Cal. App. 4th 963 (California Court of Appeal, 2014)
Pulkkinen v. Pulkkinen
127 So. 3d 738 (District Court of Appeal of Florida, 2013)
Carole Hoke Johns v. Sam N. Johns, Jr.
Court of Appeals of Tennessee, 2013
Sarah Patricia Emanuele v. Joshua David Stritchfield
Court of Appeals of Tennessee, 2013
Geret Jesse Johnston v. Susan Harwell
Court of Appeals of Tennessee, 2013
OCS/Pappas v. O'Brien and Bernheim v. Pappas
2013 VT 11 (Supreme Court of Vermont, 2013)
Stephen G. Butler v. Michele G. Butler
Court of Appeals of Tennessee, 2012
Jackson v. Holiness
961 N.E.2d 48 (Indiana Court of Appeals, 2012)