State of Arizona Ex Rel. Painter v. Painter

606 N.E.2d 298, 238 Ill. App. 3d 796, 179 Ill. Dec. 466, 1992 Ill. App. LEXIS 1770
CourtAppellate Court of Illinois
DecidedNovember 5, 1992
Docket1-91-0049
StatusPublished
Cited by4 cases

This text of 606 N.E.2d 298 (State of Arizona Ex Rel. Painter v. Painter) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Arizona Ex Rel. Painter v. Painter, 606 N.E.2d 298, 238 Ill. App. 3d 796, 179 Ill. Dec. 466, 1992 Ill. App. LEXIS 1770 (Ill. Ct. App. 1992).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

Jack Ward Painter (respondent), appeals from an order of the circuit court of Cook County denying his motion for attorney fees in a child support proceeding arising under the Revised Uniform Reciprocal Enforcement of Support Act (RURESA) (Ill. Rev. Stat. 1987, ch. 40, par. 1201 et seq.). On appeal, the issues for review are whether the trial court (1) erred in finding that the Coconino County court of the State of Arizona had jurisdiction to receive, certify and forward petitioner’s RURESA petition; (2) erred in finding that the assistant State’s Attorney was not required to sign the RURESA petition pursuant to Supreme Court Rule 137 (134 Ill. 2d R. 137); (3) abused its discretion in denying respondent’s request for attorney fees and expenses pursuant to Supreme Court Rule 137 and section 2—611 of the Illinois Code of Civil Procedure (Ill. Rev. Stat. 1989, ch. 110, par. 2—611); and (4) erred in finding that the State of Arizona was not subject to the jurisdiction of the Illinois courts.

We affirm.

Tara Grant Painter (petitioner) and respondent were divorced in Travis County, Texas, on January 14, 1986. Petitioner was awarded custody of the parties’ two minor children. Respondent was ordered to pay petitioner child support of $325 per month per child, or $400 per month if only one child remained eligible for support. Following the dissolution of their marriage, respondent moved to Cook County, Illinois, and petitioner moved to Yavapai County, Arizona.

On January 31, 1989, petitioner filed a RURESA complaint in Coconino County, Arizona, alleging that respondent was $1,300 in arrears. As provided for under RURESA, the Cook County State’s Attorney issued notice for respondent to file an appearance. On August 31, 1989, respondent met with Assistant State’s Attorney Susan Plass. Respondent offered to produce cancelled checks to show that he was not delinquent. Attorney Plass declined to review the documents and advised respondent to obtain counsel.

Prior to court on November 14, 1989, respondent obtained an attorney and reviewed his records with Assistant State’s Attorney Plass. Once in court, respondent moved to dismiss the action for lack of subject matter jurisdiction. After an extensive hearing on the matter, respondent’s motion was denied.

Respondent’s counsel also moved to strike the petition on the ground that it was not signed by the assistant State’s Attorney as required by Supreme Court Rule 137. Again, the trial court heard extensive arguments on the issue. The trial court found that the petition was properly certified by the State of Arizona and denied respondent’s motion.

During the hearing, the State alleged that respondent was in arrears for December 1988 and January 1989 child support payments. Respondent presented evidence that he transferred $2,000 from his bank account to petitioner’s account in June of 1988. Respondent claimed that this was an advance on child support and deducted $2,300 from his payments. The State claimed that the $2,000 was a loan. The State contended that the loan payment could not be offset against future child support payments. The trial court found that respondent was not in arrears and ordered future payments to be made to the clerk of the circuit court of Cook County. Respondent moved for sanctions against petitioner, the State’s Attorney of Cook County, Assistant State’s Attorney Plass, and the State of Arizona. After a hearing, this motion was denied.

On appeal, respondent contends that the court erred in denying his motion for sanctions and attorney fees. Although the trial court found respondent was not in arrears on his child support payments, he also appeals procedural and substantive issues which were decided during the underlying claim. Respondent does not seek reversal of the underlying claim; however, he raises these issues to support his contention that he is entitled to reimbursement of his expenses pursuant to Supreme Court Rule 137.

We first address respondent’s contention that the trial court did not have subject matter jurisdiction over this action. Despite respondent’s suggestion, subject matter jurisdiction cannot be waived on review. Swope v. Northern Illinois Gas Co. (1991), 221 Ill. App. 3d 241, 243.

As a preliminary matter, we note that RURESA has been adopted in nearly all 50 States, including Arizona. (See Ariz. Rev. Stat. §12—1651 et seq. (1987).) The purposes of RURESA are to improve and extend by reciprocal legislation the enforcement of duties of support, and to enable the dependent in one State to enforce a duty of obligation of support owed by a person residing in another State. (People ex rel. LeGout v. Decker (1992), 146 Ill. 2d 389, 396.) A court acting pursuant to RURESA has jurisdiction to hear cases which fall within the general category of support enforcement. See Ill. Rev. Stat. 1987, ch. 40, par. 1210.

In order to adequately address the issues, an explanation of a RURESA proceeding is required. The supreme court of Nebraska explained the application of RURESA as follows:

“RURESA provides two civil remedies. Under the first, *** the party claiming support, the obligee, may bring suit in the obligee’s home state, the initiating state (not necessarily the same state which entered the dissolution decree), and obtain a judgment for support in the state in which the obligor is present, the responding state. 1 H. Clark, The Law of Domestic Relations in the United States §7.6 (2d ed. 1987); [Ill. Rev. Stat. 1987, ch. 40, pars. 1204, 1208]. This part of the act contemplates that the obligee file in the initiating state a petition for support; if the initiating state court determines that the petition ‘sets forth facts from which it may be determined that the obligor owes a duty of supportf ] and that a court of the responding state may obtain jurisdiction of the obligor or his property,’ then the initiating state court shall forward the petition to the responding state. [Ill. Rev. Stat. 1987, ch. 40, par. 1214]. Thus, the initiating state court only determines whether further proceedings are warranted. [Citations.] Upon receipt of the petition, the responding state court notifies the prosecuting attorney, who ‘shall take all action necessary ... to enable the court to obtain jurisdiction over the obligor or his property and shall request... a hearing and give notice thereof to the obligor. ...’ [Ill. Rev. Stat. 1987, ch. 40, par. 1218(b)]. The responding state court then holds a hearing and must reach a determination as to whether the obligor owes a duty of support; if it so finds, ‘it may order the obligor to furnish support or reimbursement therefor and subject the property of the obligor to the order.’ [Ill. Rev. Stat. 1987, ch. 40, par. 1224.] The same procedure may be used when the obligee and obligor are in different counties of the same state. [See People ex rel. LeGout v. Decker (1992), 146 Ill. 2d 389.]

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Bluebook (online)
606 N.E.2d 298, 238 Ill. App. 3d 796, 179 Ill. Dec. 466, 1992 Ill. App. LEXIS 1770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-arizona-ex-rel-painter-v-painter-illappct-1992.