State by and Through Pender County Child Support Enforcement Agency Ex Rel. Crews v. Parker

354 S.E.2d 501, 319 N.C. 354, 1987 N.C. LEXIS 1924
CourtSupreme Court of North Carolina
DecidedApril 7, 1987
Docket549PA86
StatusPublished
Cited by12 cases

This text of 354 S.E.2d 501 (State by and Through Pender County Child Support Enforcement Agency Ex Rel. Crews v. Parker) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State by and Through Pender County Child Support Enforcement Agency Ex Rel. Crews v. Parker, 354 S.E.2d 501, 319 N.C. 354, 1987 N.C. LEXIS 1924 (N.C. 1987).

Opinions

MARTIN, Justice.

The sole issue for review in this case is whether the Court of Appeals correctly affirmed the trial court’s denial of appellant Aleñe Crews’ motion to intervene in an action for child support brought against defendant Parker by the State of North Carolina. For the reasons set forth below, we reverse the Court of Appeals.

The record establishes that Cheryl Michele Crews was born 5 April 1968 and has lived with her grandmother, appellant Aleñe Crews, since birth. Neither biological parent has ever provided support for the child. Mrs. Crews applied for public assistance from the Aid to Families with Dependent Children (AFDC) program in 1981. At that time she identified defendant Parker as the [356]*356father of the child. The state, through the Pender County Child Support Enforcement Agency, acted upon this information in February of 1985, filing a civil complaint against defendant Parker in which it sought an adjudication of paternity, an order mandating prospective child support, and an order mandating reimbursement of past public assistance expenditures.

Defendant and the state presented a proposed settlement to the trial court for approval. This consent order provided that defendant would acknowledge paternity and agree to pay $125 per month as child support and a total of $900 as settlement of public assistance arrearages. (Actual arrearages were in excess of $2,000.) Mrs. Crews moved to intervene, alleging that the state had failed to assist her in obtaining compensation from the defendant for amounts expended during the many years she had supported the child prior to receiving public assistance. (Presuming a minimal payment of $50 per month, this claim would total about $6,000.) She requested not only that the state be enjoined from entering into any settlement which failed to take into account her claim for reimbursement of past support but also that the state be compelled to aid her in recovering such reimbursement from the defendant. The trial court denied her motion to intervene, concluding that Mrs. Crews had assigned all support rights to the state as a condition of her receipt of public assistance, including the right to compensation for past support. The Court of Appeals affirmed.

As a preliminary matter, we note that the North Carolina Rules of Civil Procedure permit intervention of right:

When the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.

N.C.R. Civ. P. 24(a)(2). Mrs. Crews contends that notwithstanding a statutory assignment of support rights to the state, she has retained an interest in child support that is not adequately represented by the parties in the state’s action against defendant Parker. We agree.

[357]*357We will first address the question of the effect of the statutory assignment upon Mrs. Crews’ interest. Title IV of the Social Security Act establishes AFDC and sets forth requirements that the states must meet under the Federal Child Support Enforcement Program. 42 U.S.C. §§ 601-615, 651-665 (1983 & Cum. Supp. 1986). In order to receive federal AFDC funding, a state must submit its public assistance plan for approval. 42 U.S.C. § 601 (1983). This plan must provide, inter alia, that recipients of assistance

assign the State any rights to support from any other person such applicant may have (i) in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid, and (ii) which have accrued at the time such assignment is executed.

42 U.S.C. § 602(a)(26)(A) (Cum. Supp. 1986); see also 45 C.F.R. § 232.11(a) (1986).

Contrary to the interpretation of the Court of Appeals, the language of 42 U.S.C. § 602(a)(26)(A) does not itself create an assignment of support rights by operation of law. The provision merely directs the state to legislate such an assignment in formulating its own assistance plan. North Carolina complied with the federal requirements by enacting N.C.G.S. § 110-137 (Cum. Supp. 1985). Consequently, the only assignment in the record before us is the one created by operation of state law:

§ 110-137. Acceptance of public assistance constitutes assignment of support rights to the State or county.
By accepting public assistance for or on behalf of a dependent child or children, the recipient shall be deemed to have made an assignment to the State or to the county from which such assistance was received of the right to any child support owed for the child or children up to the amount of public assistance paid. The State or county shall be subrogated to the right of the child or children or the person having custody to initiate a support action under this Article and to recover any payments ordered by the court of this or any other state.

(Emphasis added.)

[358]*358The starting point for interpreting a statute is the language of the statute itself. Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive. Consumer Product Safety Commission v. GTE Sylvania, Inc., 447 U.S. 102, 64 L.Ed. 2d 766 (1980). Recognizing that the custodian of a minor child may make a claim against the child’s parent for amounts expended in raising the child, N.C.G.S. § 50-13.4, a reading of the plain language of section 110-137 (with particular attention to the key phrase “up to the amount of public assistance paid”) supports Mrs. Crews’ assertion that she made only a partial assignment of this support right by accepting AFDC benefits. That is, she assigned her right to that support necessary to reimburse the state for the amount of public assistance it expended on behalf of the child, but not her right to compensation already owed for the years of support prior to her receipt of AFDC.

In reaching the opposite conclusion, the Court of Appeals failed to construe the phrase “up to the amount of public assistance paid.” Whether this was an oversight or a response to concerns that the state law might be in conflict with federal regulations, we shall not venture to guess. It is true that the state must administer its public assistance program in accordance with federal regulations. N.C.G.S. § 108A-27 (Cum. Supp. 1985). However, we would also point out that a state plan need not strictly follow the language of 42 U.S.C. § 602(a)(26)(A) in order to satisfy federal requirements but may substitute an assignment by operation of law which is “.substantially identical” to that described by the federal act. 45 C.F.R.

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354 S.E.2d 501, 319 N.C. 354, 1987 N.C. LEXIS 1924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-by-and-through-pender-county-child-support-enforcement-agency-ex-rel-nc-1987.