State Ex Rel. Alleman v. Shoats

684 P.2d 1177, 101 N.M. 512
CourtNew Mexico Court of Appeals
DecidedJuly 10, 1984
Docket7593
StatusPublished
Cited by14 cases

This text of 684 P.2d 1177 (State Ex Rel. Alleman v. Shoats) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Alleman v. Shoats, 684 P.2d 1177, 101 N.M. 512 (N.M. Ct. App. 1984).

Opinion

OPINION

DONNELLY, Chief Judge.

Respondent appeals from a judgment of the district court in an action brought under the Revised Uniform Reciprocal Enforcement of Support Act (RURESA), NMSA 1978, Sections 40-6-1 to 40-6-41 (Repl.Pamp.1983), ordering him to pay monthly child support for his two minor children. Two issues are raised on appeal: (1) lack of jurisdiction; and (2) abuse of discretion in amount of award. We affirm.

The State of New Mexico, on behalf of Janulee Alleman (petitioner), filed a petition to enforce child support obligations against respondent, who resides in Bernalillo County. Petitioner’s amended petition alleged that she and the respondent were married in El Paso, Texas, in 1964, and that four children were born of their marriage, two of whom are still minors. Petitioner further alleged that the two minor children reside with her in Missouri and that respondent has refused and neglected to pay reasonable child support. Petitioner alleged that respondent was “in arrears with his child support in the amount of $11,325.00 as of August 31, 1982,” but that petitioner was willing to waive all but $5,850.00 of past due support.

Attached to the petition was an exemplified copy of a divorce decree filed February 5, 1979, entered by the Circuit Court of Cass County, Missouri. The decree dissolved the marriage relationship of the parties, awarded custody of the minor children to petitioner, and ordered respondent to pay child support in the amount of $75.00 per month for each of the two minor children. Also accompanying the amended petition was a copy of a document entitled “Testimony of Petitioner,” which contains petitioner’s sworn testimony relating to her action.

Respondent did not deny that he is the father of the two minor children, or owes a duty of support. However, he challenged the jurisdiction of the New Mexico court in the RURESA action to order child support. He also attacked the validity of the Missouri divorce decree on the grounds that the provisions of the judgment ordering the payment of child support were void for lack of personal jurisdiction.

Following the filing of the RURESA petition on November 23, 1982, in New Mexico, the district court appointed a special master to conduct a hearing. Respondent testified at the hearing. Respondent argued that no arrearages should be awarded because the Missouri court lacked personal jurisdiction over him at the time the divorce decree had been entered.

Following the hearing the special master filed his report with the district court. The special master found that service of process had not been effected so as to confer personal jurisdiction upon respondent by the Missouri court in the divorce proceeding and that the Missouri court was without sufficient jurisdiction to enter a valid judgment against respondent requiring the payment of child support. The special master also found that “Respondent is the father of and responsible for the support of the following minor children: Tonya Shoats born November 20, 1973 and Jana Shoats born February 25, 1975.” The findings further determined' that respondent had subsequently remarried, he now has a stepchild, and his net income is $457.08 every two weeks. The special master additionally found that petitioner had also remarried, was residing in the house awarded to her by the Missouri court, and that the only evidence concerning the needs of the children was contained in the “Testimony of Petitioner.” In that document, petitioner stated that she needed “$75.00 per month per child, plus arrearages____”

The special master recommended that respondent be ordered to pay $275.00 per month beginning November 15, 1983, as child support, and that he be adjudicated to owe arrearages in the sum of $3,025.00 for the period from November, 1982, through October, 1983. . No child support arrearages based upon the Missouri divorce decree were approved. The amount of the arrearages determined to be owing were computed in accordance with the child support guidelines adopted by the Second Judicial District. Arrearages were ordered to be paid in the amount which respondent was found able to pay, effective from the date of the filing of the RURESA action in New Mexico.

I. Jurisdiction

Respondent contends that the district court lacked jurisdiction to order him to pay child support and to grant a judgment for child support arrearages because the Missouri court had not obtained in person-am jurisdiction over him at the time of the divorce proceeding, and because the New Mexico court found that the provisions of the Missouri decree ordering the payment of child support were not entitled to full faith and credit. Respondent was served in the Missouri divorce proceeding by constructive service. Respondent further asserts that the district court in New Mexico exhausted its jurisdiction when it refused to give full faith and credit to the Missouri court decree.

Respondent misconstrues the effect of proceedings brought to enforce child support obligations under the provisions of RURESA as adopted in this state. The purpose of RURESA is to enable a dependent in one state to initiate proceedings in the state of his or her domicile for the purpose of securing money for support from a person residing in another state (the responding state) who is legally liable for the support of a dependent. State ex rel. Arvayo v. Guerrero, 21 Ariz.App. 173, 517 P.2d 526 (1973); see also Annot., 42 A.L. R.2d 768 (1955).

A RURESA action envisages the commencement of the action by the obligee in the initiating state and a determination that the obligor owes a duty of support and that his property may be subject to the jurisdiction in a responding state. NMSA 1978, § 40-6-14 (Repl.Pamp.1983).

The legislation is intended to provide an inexpensive means to enforce support obligations. Altman v. Altman, 101 N.M. 380, 683 P.2d 62 (Ct.App.1984). The act provides remedies in addition to, and not in substitution for, any and all other remedies existing in the initiating and responding states, and furnishes an auxiliary or supplementary remedy in the responding state for the enforcement of orders of support. NMSA 1978, § 40-6-3 (Repl.Pamp.1983). See also Ray v. Pentlicki, 375 So.2d 875 (Fla.App.1979); State ex rel. Arvayo v. Guerrero.

The role of the trial court in the responding state is to determine whether the parent owes a duty of support and, if duty is found to exist, to order enforcement of that duty. NMSA 1978, §§ 40-6-18, 40-6-19 and 40-6-23 (Repl.Pamp.1983). The RURESA authorizes both the finding and enforcement of a duty of child support by the responding state, even where a duty of support has not been previously adjudicated in the initiating state, Clarkston v. Bridge, 273 Or. 68, 539 P.2d 1094 (1975); Daly v. Daly, 21 N.J. 599, 123 A.2d 3 (1956); and irrespective of the existing relationship between the parties. Davis v. Davis, 246 Iowa 262, 67 N.W.2d 566 (1954).

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Bluebook (online)
684 P.2d 1177, 101 N.M. 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-alleman-v-shoats-nmctapp-1984.