STATE, DHRS v. Franklin

630 So. 2d 661, 1994 WL 7696
CourtDistrict Court of Appeal of Florida
DecidedJanuary 14, 1994
Docket93-00296
StatusPublished
Cited by10 cases

This text of 630 So. 2d 661 (STATE, DHRS v. Franklin) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
STATE, DHRS v. Franklin, 630 So. 2d 661, 1994 WL 7696 (Fla. Ct. App. 1994).

Opinion

630 So.2d 661 (1994)

STATE of Florida, DEPARTMENT of HEALTH and REHABILITATIVE SERVICES, and Janice D. Franklin, Appellants,
v.
Lawrence D. FRANKLIN, Appellee.

No. 93-00296.

District Court of Appeal of Florida, Second District.

January 14, 1994.

Sheryl D. Snodgrass of Carlton & Carlton, P.A., Lakeland, for appellants.

*662 Daniel D. Diskey of Garrabrants & Diskey, P.A., New Port Richey, for appellee.

CAMPBELL, Judge.

Appellants, Department of Health and Rehabilitative Services (HRS) and Janice D. Franklin (Wife), appeal the trial court order which determined that a subsequent Michigan court order entered pursuant to URESA (Uniform Reciprocal Enforcement of Support Act) had, for the purpose of accumulation of arrearages, modified downward the amount of child support due Wife under a previous Florida final judgment of dissolution of marriage. We reverse because under section 88.281, Florida Statutes (1991) (the URESA antinullification provision) and cases interpreting similar provisions in other states, a subsequent child support order in a responding state court does not affect arrearages that may accumulate under the child support provision of the initial decree.

We now decide this matter en banc to distinguish Harris v. Harris, 512 So.2d 968 (Fla. 2d DCA 1987), and to resolve any conflicts resulting from our subsequent decision in Lybeck v. Lybeck, 534 So.2d 933 (Fla. 2d DCA 1988), which does not cite to Harris but does rely on Florida Department of Health and Rehabilitative Services v. Ciferni, 429 So.2d 92 (Fla. 2d DCA 1983), which, in turn, was cited for approval in Harris. See also Ray v. Pentlicki, 375 So.2d 875 (Fla. 2d DCA 1979).

The final judgment of dissolution, entered August 4, 1988, in Pasco County, Florida, required Husband to pay Wife $375 per month ($4,500 per year) as child support for the parties' one minor child. Husband then moved to Michigan and, because of his failure to pay child support as ordered by the Florida court, accumulated child support arrearages. In September 1990, Wife initiated in Florida a URESA proceeding seeking to have the Michigan court, as the responding state under URESA, enforce Husband's duty of child support. The responding court in Michigan accepted jurisdiction pursuant to URESA and, without referring to the Florida final judgment of dissolution, ordered Husband to pay $40 per week in child support, or $2,080 per year, and an additional $10 per week toward an arrearage calculated to be $4,756. Husband has consistently made payments pursuant to the Michigan order and has also made a lump sum payment of $2,737 in reduction of the "arrears" as set forth in the Michigan order. The Michigan order was not appealed.

Husband subsequently moved back to Florida. In December 1991, Wife brought a contempt action in the Pasco County dissolution case for Husband's failure to pay the arrears accumulated pursuant to the Florida final judgment of dissolution. In March 1992, Husband, for the first time, sought modification of the child support as ordered in the Florida final judgment of dissolution. In October 1992, the trial judge denied Wife's motion for contempt and ruled that, until the Michigan URESA order or support was modified, Husband was required to pay only the amount of support prescribed by the Michigan URESA order, which had effectively modified downward the Florida final judgment of dissolution child support provisions so that any arrearages would be calculated only on the basis of the Michigan order. This is contrary to the provisions of section 88.281 of Florida's URESA. In URESA cases this section is generally referred to as the antinullification provision. That section provides as follows:

88.281 Application of payments. — A support order made by a court of this state pursuant to this act does not nullify and is not nullified by a support order made by a court of this state pursuant to any other law or by a support order made by a court of any other state pursuant to a substantially similar act or any other law, regardless of priority of issuance, unless otherwise specifically provided by the court. Amounts paid for a particular period pursuant to any support order made by the court of another state shall be credited against the amounts accruing or accrued for the same period under any support order made by the court of this state.

The applicable Michigan URESA statute, Mich. Comp. Laws Ann. § 780.171(21) (West 1990), is identical except the title to that section of the Michigan law is "Support orders made pursuant to other laws."

*663 A court only has such subject matter jurisdiction as is given it or is limited by law. Both the Florida URESA Act and the Michigan URESA Act specifically provide that their courts cannot ("unless otherwise specifically provided by the court")[1]act in a URESA proceeding to "nullify" a support order made pursuant to any other law in any state or a support order made in a URESA proceeding in any other state. The courts of Michigan have specifically held, in interpreting the antinullification provision of URESA, that while a responding state court may set support at an amount that is lower than the amount set in an earlier order in another state, this later order does not modify or change the previous support order, and the arrearages that accumulate under the original order are not affected by the subsequent URESA order in a responding state. Miskimon v. Miskimon, 173 Mich. App. 393, 433 N.W.2d 419 (1988).

In Miskimon, the Michigan court had before it the reverse of the instant situation. There, Florida was the responding state on child support arrearages accumulated under an original Michigan divorce decree. As the responding state, the Florida court had ordered lower child support payments than had been ordered by the Michigan court. It is helpful to a resolution of this issue to quote at length from Miskimon which we conclude has a well-reasoned analysis of this issue:

Plaintiff's first claim of error is that the trial court misinterpreted the RURESA's antinullification (also referred to as the antisupersession) provision when it held that the 1982 Florida support order did not modify the 1980 Michigan judgment. Plaintiff argues that the payments that he made on the Florida order, which were credited in Michigan, completely satisfied his support obligation and no arrearage could accumulate.
... .
[W]e expressly adopt the position that a trial court, in a responding state, may enter its own prospective support order which differs in amount from the foreign support order. This ruling is in keeping with the vast majority of states which have addressed the issue. See Thompson v. Thompson, 366 N.W.2d 845, 847 (S.D., 1985). Although this rule does not apply to the instant case since, here, Michigan is the initiating state, the corollary of the rule applies in that a Michigan court must now determine the effect of a foreign order which set a lower amount of child support than did the Michigan judgment.
The antinullification provision provides:

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Bluebook (online)
630 So. 2d 661, 1994 WL 7696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-dhrs-v-franklin-fladistctapp-1994.