Morton v. Morton

34 V.I. 32, 1996 V.I. LEXIS 3
CourtSupreme Court of The Virgin Islands
DecidedMarch 14, 1996
DocketFamily No. S157/1993
StatusPublished
Cited by3 cases

This text of 34 V.I. 32 (Morton v. Morton) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morton v. Morton, 34 V.I. 32, 1996 V.I. LEXIS 3 (virginislands 1996).

Opinion

DIASE, Judge

MEMORANDUM OPINION

This Court is faced with several issues arising out of an attempt to enforce a child support order issued by a California court upon the parties' settlement agreement. First, it must determine whether it has subject matter jurisdiction. Second, it must address the procedure which a party must follow to enforce such an order in the Virgin Islands. And, third, it must decide whether a parent can [34]*34file an action to collect child support arrears for a child who has attained the age of majority.

For the following reasons, this Court concludes that it does have subject matter jurisdiction, as this common law action for the enforcement of such a foreign order is a civil matter, over which jurisdiction was conveyed to this Court by V. I. Code Ann. tit. 4, § 76(a) and tit. 16, §§ 341-369. Additionally, this Court holds that a party has three methods by which to proceed when seeking to enforce a foreign child support award: by filing an action pursuant to the Uniform Reciprocal Enforcement of Support Act, 16 V.I.C. §§ 391-429; by filing an action pursuant to the Uniform Enforcement of Foreign Judgments Act, 5 V.I.C. §§ 551-558; or by filing a common law action to enforce the judgment, as the Plaintiff has done here. Where, as here, there is an alleged breach of an agreement which was incorporated into the child support order, the non-breaching party may still bring a suit to enforce the order or judgment. Lastly, this Court concludes that a parent who was awarded child support can institute an action to collect child support arrearages for a child who has attained the age of majority.

FACTS

The Plaintiff, Susan Morton ("Mrs. Morton") and the Defendant, George Morton ("Mr. Morton") were married and had three children: Jessica Sinclair Morton, born on October 18, 1972; Alexa Sinclair Morton, born on August 17, 1976; and Lara Sinclair Morton, born on June 28, 1982. According to Mrs. Morton, the parties separated in 1986 and she subsequently filed a petition with the Superior Court of California, Los Angeles County.1 On April 7, 1989, the Superior Court of California, County of Los Angeles, entered an Order on a settlement agreement reached by the parties at the time of trial, which provided that Mrs. Morton would have legal and physical custody of the children and Mr. Morton would pay child support.

Section 3 of the Order, pertaining to child support, is the critical section at issue. Subsection A specifically provides, in pertinent [35]*35part, that Mr. Morton shall pay to Mrs. Morton for the support of the minor children the sum of Six Hundred Sixty Six Dollars and 66/100 ($666.66) per month, per child, for a total of Two Thousand and 00/100 Dollars ($2,000.00) per month, payable one-half on the first day and one-half on the fifteenth day of each month, commencing on April 15,1989, and continuing until the youngest child reaches majority, dies, marries, becomes self-supporting or emancipated. The Order also provided that child support is payable only for eleven months of each year. Additionally, subsection C, which is styled "special orders" regarding child support, provides that each party shall pay one-half of all medical, dental, orthodontic, and psychological expenses not covered by insurance, as well as expenses for music lessons and extra-curricular activities.

On October 20, 1993, Mrs. Morton filed a complaint in this Court to enforce a foreign judgment and for domestication of a foreign judgment, pursuant to 4 V.I.C. § 76 and 16 V.I.C. § 342 et seq. (sic). In support of her complaint, she later filed a certified copy of the Order. Mrs. Morton asserts that the Order is entitled to full faith and credit in the United States Virgin Islands pursuant to 16 V.I.C. § 368(b); that Mr. Morton was to make regular, monthly support payments beginning January, 1990; that the initial child support payments for the year 1989 were made from the sale of the marital home; that he made scheduled payments, though late, through June, 1990; that since June, 1990, she has made numerous written and oral requests to Mr. Morton for the payments due and owing; and that since June, 1990, Mr. Morton has only paid the sum of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) for child support and medical expenses.

Moreover, she asserts that, as of October 7, 1993, Mr. Morton was in arrears in the amount of Sixty Nine Thousand Five Hundred and 00/100 ($69,500.00) for his monthly child support obligation and Seven Thousand Four Hundred Fifty Two and 90/100 Dollars ($7,452.90) for the children's medical, dental, orthodontic, psychological, and miscellaneous other expenses. She seeks entry of a judgment in the sum of Seventy Seven Thousand Forty Two and 90/100 Dollars ($77,042.90) and she requests that the Court issue a writ of execution against his assets for the child support arrears to forestall him from hiding any assets. She further requests that the judgment be entered without a hearing, however.

[36]*36After filing the complaint, Mrs. Morton personally served Mr. Morton with the complaint and summons through the use of a private process server. Subsequently, Mr. Morton filed a Motion to Dismiss the complaint, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, attacking this Court's subject matter jurisdiction; the procedure Mrs. Morton has followed for the relief sought; and her right to seek the relief.

DISCUSSION

Rules 12(b)(1) and (6) of the Federal Rules of Civil Procedure provide, in pertinent part, that "[e]very defense . . . to a claim for relief in any pleading . . ., shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter . . . [and] (6) failure to state a claim upon which relief can be granted." A motion to dismiss under Rule 12(b)(1) raises the objection that the court has no authority or competence to hear and decide the case. In making its decision, a court is compelled to construe the complaint broadly and liberally. 5A Charles A. Wright & Arthur R. Miller Federal Practice and Procedure § 1350 (1990). For the purposes of a motion to dismiss under Rule 12(b)(6), the complaint is to be construed in a light most favorable to the plaintiff and its allegations are taken as true. The court must examine the allegations and determine if they constitute a statement of a claim under Rule 8(a) of the Federal Rules of Civil Procedure. Pepper-Reed Co. v. McBro Planning & Development Co., 19 V.I. 534 (D.V.I. 1983).

For the following reasons, this Court concludes that it has subject matter jurisdiction over this matter and that Mrs. Morton has presented a colorable claim for which relief can be granted and will deny Mr. Morton's motion.

A. Subject Mtatter Jurisdiction

At the onset, this Court must determine whether it has subject matter jurisdiction to consider this case. In her complaint, Mrs. Morton asserts that this Court has jurisdiction pursuant to 4 V.I.C. § 76, which is the general grant of jurisdiction, and 16 V.I.C. § 342 et seq. (sic), which provides for civil liability for support. Mr.

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34 V.I. 32, 1996 V.I. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morton-v-morton-virginislands-1996.