Singleton v. Department of Human Resources

588 S.E.2d 757, 263 Ga. App. 653, 2003 Fulton County D. Rep. 2685, 2003 Ga. App. LEXIS 1089
CourtCourt of Appeals of Georgia
DecidedSeptember 3, 2003
DocketA03A1546
StatusPublished
Cited by7 cases

This text of 588 S.E.2d 757 (Singleton v. Department of Human Resources) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Singleton v. Department of Human Resources, 588 S.E.2d 757, 263 Ga. App. 653, 2003 Fulton County D. Rep. 2685, 2003 Ga. App. LEXIS 1089 (Ga. Ct. App. 2003).

Opinion

Eldridge, Judge.

On December 5, 2002, Joe Singleton d/b/a Singleton Construction Company filed his notice of appeal from the order of November 27, 2002, holding him in contempt for ignoring an income deduction order for an employee brought by the State of Georgia, Department of Human Resources, ex rel Ebony M. Drayton, Joe L. Drayton III, and Jasmine R. Drayton. Finding no error, we affirm.

On December 18, 1998, in Civil Action No. DR97-1998-BA, the Superior Court of Chatham County entered a child support award against Joe Drayton for support of his three minor children. On November 19,1999, Drayton was held in contempt and jailed for nonpayment. On December 8, 1999, the trial court entered an income deduction order for the first time; the order stated that previously on December 7, 1999, Drayton had purged his earlier contempt by making the previously ordered payments of arrearage and attorney fees; that Drayton had been released from jail upon paying the sums; that an income deduction order for future payments was imposed; and that it was captioned “Terms for Release of Defendant Being Held for Child Support Contempt and Income Deduction Order.” At the time of the entry of the income deduction order and while in jail, Drayton was the employee of Joe Singleton d/b/a Singleton Construction Company.

On December 8, 1999, counsel for the Child Support Enforcement sent a copy of the income deduction order, as well as written notice by certified mail — return receipt requested — to Singleton Construction Company, Attn: Payroll, P. O. Box 23614, Savannah, Georgia 31402. On December 9, 1999, the return receipt was signed by Ernestine Singleton for Singleton Construction Company.

On August 13, 2002, the State of Georgia, Department of Human Resources, ex rel Ebony M. Drayton, Joe L. Drayton III, and Jasmine R. Drayton, filed a complaint for contempt sanctions for failure to remit child support against Joe Singleton d/b/a Singleton Construction for failure to withhold from Drayton’s wages as ordered. On Sep[654]*654tember 17, 2002, service was made upon counsel for Singleton for a rule nisi hearing to be held on October 16, 2002. On October 16, 2002, Singleton sought to make a special appearance without submitting to the jurisdiction of the court by filing his general answer and a motion to dismiss; neither the answer nor the motion to dismiss raised any due process or other constitutional issues. On October 16-17 and 24, a hearing was held; the motion to dismiss was denied; and Singleton was ordered to appear for trial. By order of December 2, 2002, Singleton was held in contempt, ordered jailed until he purged the contempt, and ordered to pay $8,923 to purge the contempt. On December 7, 2002, Singleton purged himself of contempt by paying the sums and was released from jail.

1. Singleton contends that the trial court erred in finding that he had sufficient notice of entry of the income deduction order under OCGA § 19-6-32. We do not agree.

(a) In Singleton’s enumerations of error and brief for the first time, he seeks to raise due process constitutional issues; such issues were neither raised at trial in the pleadings nor ruled upon by the trial court. Constitutional issues must be raised at the earliest opportunity in the trial court and ruled upon to be preserved. Lucas v. Lucas, 273 Ga. 240, 242 (3) (539 SE2d 807) (2000); Atlanta Independent School System v. Lane, 266 Ga. 657, 658 (1) (469 SE2d 22) (1996). Further, unless ruled upon by the trial court, constitutional issues cannot be reviewed on appeal, because the appellate court lacks jurisdiction to consider a constitutional issue not ruled upon by the trial court. Pimper v. State of Ga., 274 Ga. 624, 627 (555 SE2d 459) (2001). Thus, a constitutional issue is waived by the failure of the trial court to rule upon it. Haynes v. Wells, 273 Ga. 106, 108 (3) (538 SE2d 430) (2000).

(b) Although the income deduction order is titled “Terms for Release of Defendant Being Held for Child Support Contempt and Income Deduction Order,” the order constituted only an income deduction order by its clear and plain language. In the preamble to the income deduction order, the trial court recites what had occurred for the imposition of the income deduction order: that on November 19, 1999, the contempt hearing had been held; that Drayton had been found in contempt for failing to pay child support and attorney fees of $4,427; that Drayton could purge himself of contempt by paying $1,100; that upon paying such sum, he would be released from jail; and finally, that on December 7, 1999, Drayton had purged himself of contempt by paying such sum. All of such facts had already occurred prior to the entry of the income deduction order on December 8, 1999; thus, the order did not effect such prior events but only income deduction. Thus, the statutory requirements of OCGA § 19-6-[655]*65532 of a single order dealing with income deduction only were satisfied.

2. Singleton contends that the trial court erred in finding that Ernestine Singleton was properly served as his agent and that such notice to her was insufficient notice to him. We do not agree.

In Ga. L. 1989, pp. 861-878, the General Assembly passed remedial legislation titled “Domestic Relations — Child and Spousal Support; Enforcement; Guidelines; Income Deduction Orders; Wage Assignments; Insurance” and stated in the caption of the Act its purposes:

to revise extensively the statutes relative to the enforcement of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); ... to amend the provisions relating to the authority of the court [s] to order the immediate deduction from wages of spousal and child support obligations; to provide for income deduction orders; to provide definitions for income deduction orders.

Id. at 861. See Sovereign Camp Woodmen of the World v. Beard, 26 Ga. App. 130, 131 (105 SE 629) (1921) (intent of the legislature may be derived from the caption).

This statute is part of the laws our state legislature passed in order to implement various federal amendments to Title IV-D of the Social Security Act. Those amendments require states to establish income withholding as a method of enforcing all child support orders and condition a state’s receipt of Federal Aid to Families with Dependent Children (AFDC) on compliance with the federal legislation. The unmistakable congressional intent of the federal mandate to impose income deduction is the establishment of a speedy and simple method for the withholding of wages or other income to ensure child support is paid promptly and efficiently.

(Footnotes omitted.) Ga. Dept, of Human Resources v. Word, 265 Ga. 461, 462 (458 SE2d 110) (1995). “[T]he overall scheme of OCGA § 19-6-30 et seq. provides notice to the party required to pay support, and to that party’s employer, and an opportunity for both to request a hearing to contest the enforcement of the income deduction order under certain circumstances. OCGA § 19-6-33.” Id. at 462, n. 1.

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Bluebook (online)
588 S.E.2d 757, 263 Ga. App. 653, 2003 Fulton County D. Rep. 2685, 2003 Ga. App. LEXIS 1089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singleton-v-department-of-human-resources-gactapp-2003.