Office of Child Support Enforcement v. Pyron

201 S.W.3d 28, 89 Ark. App. 161, 2005 Ark. App. LEXIS 35
CourtCourt of Appeals of Arkansas
DecidedJanuary 12, 2005
DocketCA 04-360
StatusPublished
Cited by3 cases

This text of 201 S.W.3d 28 (Office of Child Support Enforcement v. Pyron) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Office of Child Support Enforcement v. Pyron, 201 S.W.3d 28, 89 Ark. App. 161, 2005 Ark. App. LEXIS 35 (Ark. Ct. App. 2005).

Opinion

Sam Bird, Judge.

This appeal arises from the Washington County Circuit Court’s December 11, 2003, dismissal of an action by the Arkansas Office of Child Support Enforcement (OCSE) to enforce a child-support order under the Uniform Interstate Family Support Act (UIFSA). OCSE appeals the part of the order granting Michael Pyron’s motion to dismiss on the basis of the Arkansas statute of limitations. Additionally, OCSE appeals the December 11, 2003, denial of its motion to vacate the order of dismissal. OCSE contends that the trial court erred in failing to exercise its broad authority under Ark. R. Civ. P. 60(a) to correct non-clerical errors or mistakes so as to prevent the miscarriage of justice resulting from the application of the wrong statute of limitations, which erroneously barred collection of the child-support arrearage. We agree with the trial court that Rule 60 did not authorize granting the motion to set aside the order; thus, we affirm the trial court’s decision.

Michael Pyron was granted a divorce from Elisabeth Mansson-Pyron by decree of the 237th District Court of Lubbock County, Texas, on August 3, 1987. Ms. Mansson-Pyron was awarded custody of the parties’ two children, and Mr. Pyron was ordered to pay monthly support of $300 for each child, for a total of $600 a month. On August 7, 2002, pursuant to the UIFSA and at the request of the nation of Sweden, OCSE registered the support order in the Circuit Court of Washington County, Arkansas, for enforcement against Mr. Pyron. On September 9, 2002, Mr. Pyron petitioned the court to vacate the registration. Denying the allegations of child-support arrearage, Mr. Pyron affirmatively stated that he had satisfied all obligations imposed by the order sought to be registered and that the children for whom he had been ordered to pay support had achieved the age of majority.

At a hearing in the Circuit Court of Washington County on April 23, 2003, Mr. Pyron questioned the authority of the Swedish Fórsákringskassan to enforce the Texas divorce decree and support order. By order ofjune 16, 2003, the Circuit Court of Washington County allowed registration of the Texas order, but enforcement of the registered order was denied, the issue of back support was reserved, and the petition for enforcement was dismissed without prejudice. The circuit court permitted OCSE to file subsequent pleadings for enforcement upon obtaining further proof as to the identity of the party requesting registration, as to the party’s status as a government agency, and as to the party’s legal authority to request registration.

On August 25, 2003, OCSE filed a motion for modification and judgment, and it submitted documents regarding the Forsákringskassan. OCSE requested that it be allowed to proceed with enforcement, and it requested judgment in the amount of $22,871 for back support against Mr. Pyron due to Stokholm County Social Insurance Office, Sweden.

At a hearing on November 12, 2003, Mr. Pyron’s counsel contended that collection of child support for both children was barred by the statute of limitations. Stating that Sweden’s statute of limitations was five years, he asserted that the statute of limitations had ended in June 2000 for Charles, who had turned eighteen in June 1995, and had ended in September 2002 for Juliana, who had turned eighteen in September 1997.

The court asked, “Isn’t there a statute that — do you know what the statute of limitations is under — wasn’t this original order issued out of Texas?” Pyron’s counsel agreed that the initial order was issued by Texas but asserted that because Sweden was seeking to enforce the order, Sweden rather than Texas was the initiating state under UIFSA. Counsel further answered the court, “So we can go with the statute of limitations of Sweden or Arkansas, which both are five years.” Counsel for OCSE argued that because the issue of back support had been reserved previously, OCSE should be able to proceed for the arrearage although Juliana had turned eighteen in the time between the original filing and the subsequent motion.

The following colloquy took place between the court and counsel for OCSE:

The Court: Mr. Ziser, do you agree that the statute that says that the person seeking to enforce the arrearages can use the longer of any two applicable statutes of limitations but, in this case, they’re both five years?
Mr. Ziser: I think URESA specifically provides the longer of the two statutes are applicable.
The Court: Do you agree that it’s either Arkansas or Sweden?
Mr. Ziser: Yes. I agree Sweden is the initiating State.

Noting the parties’ agreement that the applicable statute of limitations was five years from the date that each child had turned eighteen, the court found that the statute had run as to the older child, Charles, in June of 2000, which was prior to the filing of the first action on August 7, 2002. The court further found that the statute of limitations on Juliana had run in September of 2002, subsequent to the filing of the registration of the judgment, but that the enforcement action had been dismissed and the statute had run prior to the filing of the new action for enforcement on August 25, 2003. The trial court granted Mr. Pyron’s motion to dismiss; the resulting order of dismissal was entered on December 11, 2003.

Rule 60(a) Motion

On January 6, 2004, OCSE filed a notice of appeal from the trial court’s final order ofDecember 11, 2003. Onjanuary 8, 2004, OCSE filed a motion and supporting brief pursuant to Rule 60 of the Arkansas Rules of Civil Procedure, asserting that the order of dismissal should be vacated “to prevent the miscarriage of justice, and correct a mistake” because the case should have been decided under the Texas statute of limitations, which has no limitation of when child support can be collected. Mr. Pyron answered that the motion to vacate should be dismissed, and he requested reimbursement for costs and attorney’s fees.

At a hearing on February 10, 2004, Mr. Ziser told the court that he took full responsibility for mistakenly arguing at the prior hearing that the applicable statute of limitations was that of Sweden. He asked that the order of dismissal be set aside in order to correct an injustice, and, regarding the younger child, on the grounds that OCSE’s second motion was filed before she turned eighteen. The court noted that OCSE previously had agreed that five years was the applicable statute of limitations. The court also noted that at the previous hearing OCSE had not made its argument about the second motion relating back to the first. Mr. Ziser responded that he thought he had made a reference “somewhere along the way about one of the children not having been emancipated,” and he pointed out that the issue of back support had been reserved.

The court denied the Rule 60 motion, explaining as follows:

The cases dealing with Rule 60 that speak of miscarriage of justice, speak of fraud that has been practiced on the court....

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

Related

McWhorter v. McWhorter
2009 Ark. 458 (Supreme Court of Arkansas, 2009)
Office of Child Support Enforcement v. Pyron
215 S.W.3d 637 (Supreme Court of Arkansas, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
201 S.W.3d 28, 89 Ark. App. 161, 2005 Ark. App. LEXIS 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-child-support-enforcement-v-pyron-arkctapp-2005.