STATE EX REL. v. Farmer

523 S.E.2d 840
CourtWest Virginia Supreme Court
DecidedNovember 19, 1999
Docket26354
StatusPublished
Cited by2 cases

This text of 523 S.E.2d 840 (STATE EX REL. v. Farmer) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
STATE EX REL. v. Farmer, 523 S.E.2d 840 (W. Va. 1999).

Opinion

523 S.E.2d 840 (1999)
206 W.Va. 249

STATE of West Virginia ex rel. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, BUREAU OF CHILD SUPPORT ENFORCEMENT, and Kerren Farmer, Plaintiffs,
v.
Larry FARMER, Defendant.

No. 26354.

Supreme Court of Appeals of West Virginia.

Submitted October 6, 1999.
Decided November 19, 1999.

*841 Heidi L. Talmage, Esq., Assistant General Counsel, Department of Health and Human Resources, Bureau for Child Support Enforcement, Charleston, West Virginia, Attorney for Plaintiffs.

Thomas E. Esposito, Esq., Esposito & Esposito, Logan, West Virginia, Attorney for Defendant.

MAYNARD, Justice:

In this case, we answer a certified question from the Circuit Court of Boone County. The certified question and the circuit court's answer are as follows:

Is a minor child who was emancipated by marriage unemancipated and/or entitled to child support if divorced while under the age of 18?

Answer of the circuit court: Yes.

This question arises from a motion for a judgment on the pleadings and order of certification filed in the circuit court by the West Virginia Department of Health and Human Resources, Bureau of Child Support Enforcement. Upon the agreement of the parties, the above question was certified to this Court by order entered March 2, 1999, pursuant to W.Va.Code § 58-5-2 (1998).[1]

*842 I.

FACTS

This case arose when the West Virginia Department of Health and Human Resources, Bureau of Child Support Enforcement (hereinafter "BCSE") and Kerren Farmer, the plaintiffs, filed a complaint, pursuant to W.Va.Code § 48A-5-1 (1995),[2] against Larry Farmer, the defendant, for the support of their seventeen-year-old daughter, Amy Farmer.[3] The facts giving rise to this action are as follows.

Kerren Farmer and Larry Farmer, the parents of Amy Farmer, divorced while Amy was a child.[4] Kerren was awarded custody of Amy. At the age of thirteen, Amy was permitted to marry Clarence Ferrell, an adult almost nine years her senior, by order of the Circuit Court of Logan County. The one disputed fact in this case is whether Kerren consented to her daughter's marriage. The BCSE states that Kerren "was present at that hearing, and endorsed the Court's order to issue the marriage license." According to Kerren, she informed the circuit court of the positive and negative aspects of the proposed marriage of her daughter and asked the circuit court to make the decision. The order of the Circuit Court of Logan County which issued the marriage license to Amy and Clarence states that "[t]he mother consents and believes it to be in the best interest of the child. The couple intends to move to Michigan and can live together with relatives only if married." Amy and Clarence were married in Boone County on March 28, 1993. Two children were born to the marriage.

By order of April 30, 1996, Amy and Clarence were granted a divorce in the Circuit Court of Boone County on the grounds of irreconcilable differences. The divorce order noted that the parties had last lived together in Boone County on or about September 5, 1994. According to the order, Amy was unemployed and Clarence had been employed in Michigan for several months at a job in which he earned minimum wage. The order awarded no alimony. Larry Farmer was not aware of Amy's marriage to Clarence until after the marriage ended.

At the time of the hearing on Kerren's action to reestablish child support, Amy resided with Kerren, the State had legal custody of Amy's children, and Kerren had physical custody. Kerren received Temporary Assistance to Needy Families (formerly AFDC) for Amy and her two children. The Family Law Master recommended as a matter of law that Amy was emancipated by her marriage and that her emancipation survived her divorce. Therefore, Amy was no longer a minor for whom child support could be received. The BCSE and Kerren presented the question, stated above, for review by the circuit court. The circuit court certified the question to this Court and answered it in the affirmative.

II.

STANDARD OF REVIEW

In syllabus point one of Gallapoo v. Wal-Mart Stores, Inc., 197 W.Va. 172, 475 S.E.2d 172 (1996), we stated: "The appellate standard of review of questions of law answered and certified by a circuit court is de novo."

III.

DISCUSSION

Prior to discussing the question before us, we find it necessary to address an issue raised by the plaintiffs in their brief to this Court. The plaintiffs note that our statute on emancipation, W.Va.Code § 49-7-27 (1977), provides that "[a] child over the age of sixteen years who marries shall be emancipated by operation of law ." (Emphasis added). Because Amy was only thirteen years *843 of age when she married, the plaintiffs argue that she was never emancipated by operation of law, and child support was owed to her even during marriage. If Amy was not emancipated by marriage, the question certified to this Court is moot.

W.Va.Code § 49-7-27 (1977) is titled "Emancipation" and is located in our state code in the section concerning child welfare generally. The statute states in full:

A child over the age of sixteen may petition a court to be declared emancipated. The parents or custodians shall be made respondents and, in addition to personal service thereon, there shall be publication as a Class II legal advertisement in compliance with the provisions of article three [§ 59-3-1 et seq.], chapter fifty-nine of this Code. Upon a showing that such child can provide for his physical and financial well-being and has the ability to make decisions for himself, the court may for good cause shown declare the child emancipated. The child shall thereafter have full capacity to contract in his own right and the parents or custodians shall have no right to the custody and control of such child or duty to provide the child with care and financial support. A child over the age of sixteen years who marries shall be emancipated by operation of law. An emancipated child shall have all of the privileges, rights and duties of an adult, including the right of contract, except that such child shall remain a child as defined for the purposes of articles five and five-a [§§ 49-5-1 et seq. and 49-5A-1 et seq.] of this chapter.

The statute provides two methods by which a child over the age of sixteen may become emancipated, one of which is the marriage of the child. Upon emancipation, the child has all of the privileges, rights and duties of an adult, including the full capacity to contract in her own right. The only exception to this legal recognition of adulthood is that the child remains under the juvenile jurisdiction of the circuit court pursuant to W.Va.Code §§ 49-5-1 et seq. and 49-5A-1 et seq.[5] For the parents or custodians of the child, emancipation means that they have no right to the custody or control of the child and no duty to provide the child with care and financial support.

Because the provisions of W.Va.Code § 49-7-27 concern the marriage of children, they must be read in pari materia with W.Va.Code § 48-1-1 (1982) which governs the age of consent for marriage. W.Va.Code § 48-1-1 provides:

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523 S.E.2d 840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-v-farmer-wva-1999.