State ex rel. W.M.E. v. G.C.

73 So. 3d 593, 2011 Ala. LEXIS 38, 2011 WL 925746
CourtSupreme Court of Alabama
DecidedMarch 18, 2011
Docket1091320
StatusPublished
Cited by6 cases

This text of 73 So. 3d 593 (State ex rel. W.M.E. v. G.C.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. W.M.E. v. G.C., 73 So. 3d 593, 2011 Ala. LEXIS 38, 2011 WL 925746 (Ala. 2011).

Opinions

MURDOCK, Justice.

In December 2008, the State of Alabama, on behalf of W.M.E., filed a contempt petition against G.C. in the Montgomery Circuit Court. The petition alleged that G.C. was in arrears on his child-support obligation under an April 1998 judgment. The principal amount of the alleged child-support ar-rearage was $27,791.29; the alleged accumulated interest was $25,209.29. The petition requested that the circuit court “reduce the arrearage[] to a judgment with interest and order payments thereon” and that it award such other relief to which W.M.E. was entitled.1

[594]*594The circuit court conducted an ore tenus proceeding on the State’s petition. At the hearing, G.C., who earned approximately $1,200 per month, “agreed” that he owed $27,791.29 as child-support arrearage and that he could pay $150 per month toward the arrearage. G.C. objected, however, to the evidence offered by the State concerning the amount of interest that had accrued on his past-due child-support payments. The circuit court sustained G.C.’s objection. As for G.C.’s obligation to pay interest that would accrue prospectively, the following colloquy occurred:

“[ATTORNEY FOR STATE]: I will just say that he’s going to accrue interest at one percent every month on the unpaid balance.
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“... [T]o keep [G.C.] from accruing interest, it would seem that a minimum of $280 would do that, because it’s about $28,000 that he owes.
“THE COURT: Well, it would seem that that would probably keep [G.C.] from eating as well. Financial hardship is something that, in this day and time and particularly this economy, that the State ought to consider. Now, he owes money, and I understand that. But I am not, sitting here in a court of equity, going to order a man to pay such an amount....
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“... [I]f this is what [G.C.] is earning now, I can’t force him to pay more than he can pay to sustain his own needs.
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“... With that said, if $150 is the best you can do, then you’re going to be obligated for $150 a month starting July 1. If you can do better than that, the faster you pay it, the faster you don’t have to pay it anymore.”

In October 2009, the circuit court entered a judgment against G.C. and in favor of W.M.E. in the amount of $27,791.29 for child-support arrearage. The judgment ordered G.C. to pay $150 per month “toward the [j]udgment until such time as the $27,791.29 [j]udgment is satisfied.” The judgment also stated:

“While child support becomes a judgment when due and unpaid, the Court believes that, in equity and in light of facts and circumstances in this case, that it is equitable to waive interest on this considerable sum of money in an effort to insure that [G.C.] fully pays the child support obligation.... To impose interest at this time would cause an extreme financial hardship to [G.C.].”

The State filed a postjudgment motion, contending, in part, that the circuit court erred by refusing to admit the evidence that it had offered concerning the interest [595]*595on G.C.’s past-due child-support payments and that it erred by purporting to waive “interest that [G.C.] owed for child-support arrears.” The postjudgment motion included a discussion of the well settled law that “installments for support become final judgments as of the date they become due ... [and] that such judgments ... bear interest from due date.” Osborne v. Osborne, 57 Ala.App. 204, 206, 326 So.2d 766, 767 (Ala.Civ.App.1976). See, e.g., State ex rel. Pritchett v. Pritchett, 771 So.2d 1048, 1051 (Ala.Civ.App.2000); see also Rochelle v. Rochelle, 235 Ala. 526, 529, 179 So. 825, 829 (1938) (“[Ijnterest should be added to the amount of each installment to the extent it was not paid, calculated until it is paid, and include such amounts as became due after the above date, and which are not paid.”). The State’s postjudgment motion was denied by operation of law. See Rule 59.1, Ala. R. Civ. P.

The State appealed to the Court of Civil Appeals, which affirmed the circuit court’s decision without issuing an opinion. State ex rel. W.M.E. v. G.C. (No. 2090189, May 7, 2010), 73 So.3d 596 (Ala.Civ.App.2010) (table). In its brief to the Court of Civil Appeals, the State again discussed well settled principles of law concerning the mandatory nature of interest on past-due child-support payments. The State concluded its argument as follows:

“The trial court erred when it waived interest that had accrued on the child support arrears. Child support is considered a final judgment every month as it comes due. Per Ala.Code [1975, §] 8-8 — 10[,] past due child support payments accrue interest at the statutory rate of twelve percent. Further the State is entitled to interest on its arrears. A trial court enforcing a child support judgment has no authority to waive interest on child support arrears.”

(Emphasis added.)3

The State filed an application for rehearing; the Court of Civil Appeals overruled the application.

The State filed a petition for a writ of certiorari, arguing that the circuit court erred by waiving interest as to G.C.’s child-support arrearage. We granted the petition to consider only “whether the decision of the Court of Civil Appeals is in conflict with precedent concerning the waiver of postjudgment interest, specifically, interest that might accrue on the $27,791.29 principal amount of child-support arrearage after the entry of the ... judgment.”4

The question whether a court has the power to waive postjudgment interest is a question of law. Thus, our review is de novo. George v. Sims, 888 So.2d 1224, 1226 (Ala.2004).

The Court of Civil Appeals held in State ex rel. Pritchett:

‘It is well settled that child support payments become final judgments on [596]*596the day they are due and may be collected as any other judgment is collected; ... that payments that mature or become due before the filing of a petition to modify are not modifiable; and that a trial court has no power to forgive an accrued arrearage.’ Ex parte State ex rel. Lamon, 702 So.2d 449, 450-51 (Ala.1997). Moreover, as we recently noted in State Dep’t of Human Resources v. R.L.R., 743 So.2d 495 (Ala.Civ.App.1999), a court having jurisdiction over proceedings to enforce an earlier child-support judgment is ‘without authority to “waive” the imposition of statutorily-imposed postjudgment interest’ upon such child-support judgments. 743 So.2d at 499.”

771 So.2d at 1051.

We conclude that the circuit court erred when it ordered a waiver of the interest that otherwise would accrue prospectively on the $27,791.29 judgment for child-support arrearage. The fact that G.C.

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Bluebook (online)
73 So. 3d 593, 2011 Ala. LEXIS 38, 2011 WL 925746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-wme-v-gc-ala-2011.