State v. Fritz

801 A.2d 679, 2002 R.I. LEXIS 157, 2002 WL 1335242
CourtSupreme Court of Rhode Island
DecidedJune 12, 2002
Docket2001-369-C.A.
StatusPublished
Cited by40 cases

This text of 801 A.2d 679 (State v. Fritz) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Fritz, 801 A.2d 679, 2002 R.I. LEXIS 157, 2002 WL 1335242 (R.I. 2002).

Opinions

OPINION

LEDERBERG, J.

The State of Rhode Island (state) has appealed a Family Court judgment that dismissed a criminal information entered against the defendant, David Fritz, for non-payment of child support. The state argued that the justice erred in ruling that the defendant’s voluntary termination of his parental rights ended his responsibility for child support payments. It is our opinion that the termination of parental rights does not ipso facto extinguish a parent’s child support obligations. Therefore, we sustain the state’s appeal with respect to the Family Court’s interpretation of the statutes on termination of child support. In addition, we vacate the dismissal of the criminal information and remand for further proceedings on whether the defendant willfully withheld child support in violation of a criminal statute and whether he was selectively prosecuted for the alleged violation.

Facts and Procedural History

The defendant fathered two children while married to Lorraine Fritz (Lorraine). In their final judgment of divorce entered in January 1994, Lorraine was awarded sole custody of the children, and defendant was ordered to pay $147.50 per week in child support. At that point, defendant owed an arrearage of $1,800 in child support. Lorraine obtained medical coverage for the children through Aid to Families with Dependent Children (AFDC). The defendant’s parental rights to his two children were terminated by the Family Court with defendant’s consent on November 25, 1994, in accordance with a petition that had been filed by the Rhode Island Department of Children, Youth and Families (DCYF).1 Although the children remained in the custody of their mother, the Family Court appointed DCYF as guardian of the children “for all purposes as to [defendant’s] rights.”

Because the original child support order never was vacated, the Rhode Island office of Child Support Enforcement (CSE), a subdivision of the Department of Administration’s Division of Taxation, never received notice of the termination of defendant’s parental rights and continued to assess the same weekly child support sums against defendant. At the time of the parental rights termination, defendant had accrued, depending on the calculation, either $7,660 or $9,303 in child support ar-rearage, and in December 1994, a body attachment was issued after defendant failed to appear for a hearing on CSE’s [682]*682contempt motion for outstanding child support.

In 1997, CSE forwarded defendant’s name to the office of the Attorney General, along with the names of approximately 1,235 others alleged to have outstanding body attachments and arrearages of more than $30,000, in violation of G.L.1956 § 11-2-1.1. A felony complaint was issued against defendant in December 1997, but it was not filed in the Family Court until May 25, 2000, on which date defendant was arrested.

The state filed an information against defendant in August 2000 on the ground that he had accrued a child support arrear-age of more than $75,000, thereby violating the provisions of § 11-2-1.1. The defendant was incarcerated on these charges from May 25, 2000, until October 5, 2000, when he was released on personal recognizance in the amount of $10,000 pending verification that his parental rights had been terminated. Although he was held on felony charges, it appears that he was denied the assistance of counsel during most of this period of incarceration.2

The defendant filed a motion to dismiss the information, claiming that his obligation to pay child support ended once his parental rights had been terminated, and he asserted that on the date that his parental rights were terminated, his arrear-age totaled no more than $9,303 by the state’s highest estimate. The Family Court justice dismissed the information and ruled that defendant’s arrearage could not accrue beyond the date of termination of parental rights. Under the justice’s calculation of arrearage, the state had failed to present a prima facie criminal complaint for failure to pay child support pursuant to § 11-2-1.1. The state appealed.

Standard of Review

In evaluating the trial justice’s finding that defendant’s parental support payments were discharged pursuant to statutory authority, we turn to the relevant provisions of the General Laws. As the final arbiter on issues of statutory construction, this Court reviews de novo questions of statutory interpretation. Rhode Island Depositors Economic Protection Corp. v. Bowen Court Associates, 763 A.2d 1005, 1007 (R.I.2001) (citing City of East Providence v. Public Utilities Commission, 566 A.2d 1305, 1307 (R.I.1989)); State v. Powers, 644 A.2d 828, 830 (R.I.1994). In so doing, we adopt the plain meaning of the language in a legislative enactment. Powers, 644 A.2d at 830. If we discern a statutory ambiguity, this Court establishes and effectuates the legislative intent behind the enactment. Id.

When addressing a motion to dismiss a criminal information, a Family Court justice is required to examine the information and any attached exhibits to determine whether tlie state has satisfied its burden to establish probable cause to believe that the offense charged was committed and that the defendant committed it. State v. Aponte, 649 A.2d 219, 222 (R.I.1994) (per curiam); see G.L.1956 § 12-12-1.7;3 Super.R.Crim.P. 9.1.4

[683]*683This Court reviews a decision to grant a criminal defendant’s motion to dismiss by examining whether the justice’s findings are supported by the evidence or whether, in making those findings, the justice misconceived or overlooked material evidence. State v. Ouimette, 415 A.2d 1052, 1058 (R.I.1980) (citing Wolf v. Wolf, 114 R.I. 375, 876, 333 A.2d 138, 139 (1975)). We allot great weight to the justice’s findings and will not set them aside unless those findings are clearly erroneous or fail to achieve justice between the parties. Id.

Post-Termination Support Obligations

The criminal statute under which defendant was charged, § ll-2-l.l(b)(l), provides:

“Every person who is obligated to pay child support pursuant to an order or decree established by or registered with the family court pursuant to chapter 11.1 of title 15, who has incurred arrear-age of past-due child support in the amount of thirty thousand dollars ($30,-000), and having the means to do so, who willfully fails to pay one or more installments of child support in an amount previously set by the court, according to the terms previously set by the court, is guilty of a felony for each similar instance of failure to make subsequent payments. Upon conviction that person shall be punished by imprisonment for no more than five (5) years.” (Emphasis added.)

Whether defendant had incurred an arrearage of more than $30,000, thereby sufficient to invoke the provisions of this criminal statute, depends upon whether his child support obligations continued to accrue after his parental rights were terminated in November 1994.

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Bluebook (online)
801 A.2d 679, 2002 R.I. LEXIS 157, 2002 WL 1335242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fritz-ri-2002.