State v. Landry

568 So. 2d 1125, 1990 La. App. LEXIS 2325, 1990 WL 161346
Louisiana Court of Appeal·Decided October 11, 1990·No. No. 90-CA-242·Published·Cited by 1 cases

Opinion

CHEHARDY, Chief Judge.

This proceeding was instituted by the State of Louisiana, through the Department of Social Services, and Linda Landry against Rodney Landry for the support of the Landrys’ two minor children, pursuant to the provisions of LSA-R.S. 46:236.1(F). Following a hearing, the Juvenile Court for the Parish of Jefferson entered an order on February 12, 1990, setting support payable by Mr. Landry at $710 per month, retroactive to December 15, 1989. From that ruling Rodney Landry has appealed. For the reasons assigned, we vacate the judgment and remand the matter for further proceedings.

On appeal Mr. Landry made several assignments of error, but our disposition of the case eliminates several of the evidentia-ry questions. The appeal turns on the following issues:

(1) Whether the Jefferson Parish Juvenile Court had jurisdiction over this domestic civil matter; and

(2) Whether the defendant should have been permitted to introduce evidence of a pre-existing support decree to prove that the State of Louisiana does not have authority under R.S. 46:236.1(F) to bring this action, because the defendant is neither an absent parent nor a nonsupporting parent.

JURISDICTION OF THE JUVENILE COURT

Mr. Landry contends the Jefferson Parish Juvenile Court lacked jurisdiction over this “purely domestic matter” involving child support. He argues that the juvenile court’s jurisdiction is limited to “matters pertaining to delinquency or criminal neglect of children, desertion or nonsupport of children, or the adoption of children,” including “proceedings pertaining to delinquent children, children in need of supervision, and children in need of care,” as well as “parents in need of supervision.” Because the petition here alleges none of these situations, he contends the juvenile court has no jurisdiction.

Juvenile courts in Louisiana are courts of limited jurisdiction, created by the Legislature under a constitutional grant of authority. La. Const. Art. 5, Sec. 18. The exclusive original jurisdiction exercised by juvenile courts is set forth in LSA-R.S. 13:1570, pursuant to which LSA-C.J.P. art. 16(A)(6) states,

“A. A court exercising juvenile jurisdiction shall have exclusive original jurisdiction, in conformity with any special rules prescribed by law, in the following proceedings involving adults:
******
(6) Proceedings brought by * * * the District Attorney to establish or enforce support pursuant to the provisions of R.S. 46:236.2 or R.S. 46:236.1(F).”

The petition here states this action is brought in accordance with R.S. 46:236.-1(F). Accordingly, the juvenile court had original jurisdiction over this proceeding.

ADMISSION OF PRE-EXISTING SUPPORT DECREE

This action was brought under the provisions of LSA-R.S. 46:236.1. At the time the petition was filed, the statute read as follows, in pertinent part:

“A. For purposes of this Section, the following items shall mean:
(1) ‘Department’, the Department of Social Services.
(2) ‘AFDC’, aid to families with dependent children, and
(3) ‘SES program administrator’, the administrator of the Support Enforcement Services program, office of eligibility determination, Department of Social Services.
B. (1) The department is hereby authorized to develop and implement a program of family support in AFDC cases designed to do the following:
(a) Enforce and collect the support obligation owed by an absent parent to his child or children and to his spouse or former spouse with whom the child is living if a support obligation has been established with respect to such spouse or former spouse.
[1127]*1127(b) Locate absent parents.
(c) Establish paternity.
(d) Obtain family and child support orders.
(e) Obtain medical support orders as part of any child support order.
(2) In addition, as required by federal law, the department shall provide the above services to any individual not receiving AFDC and therefore not otherwise eligible for such services upon receiving an application from such individual and upon receiving any fee which may be assessed by the department for the services.
* * * * He *
F. The department * * * may without the necessity of written assignment, subrogation, tutorship proceedings, separation proceedings, or divorce proceedings, take direct civil action * * * in any court of competent jurisdiction, to obtain an order, judgment, or agreement of support against the responsible person * * * in any ease in which the department has agreed to provide services for a non-AFDC applicant. The amount of such support shall be set only by order of the court or by the consent of the parties, but in either case the department shall be designated as payee. A separate and distinct cause of action in favor of the department is hereby created, and suits brought under this provision need not be ancillary to or dependent upon any other legal proceeding. [Emphasis added.]”

Mr. Landry asserts there was an order of support already in existence when this suit was filed, rendered by the 15th Judicial District Court for the Parish of Lafayette in the parties’ divorce proceeding, but the juvenile court judge refused to allow the defendant to introduce evidence of the prior judgment or of a pending decision modifying the earlier judgment. The defendant contends where there is a prior order providing for child support and the defendant is not an absent parent, the State has no authority to bring proceedings under R.S. 46:236.1(F).

Although the defendant admits the Department of Social Services is authorized to pursue this action on behalf of Mrs. Landry, under paragraph (B)(2) of the statute, he contends the statute does not apply to this case, arguing that Paragraph (B)(1)(a) of the statute requires that the obligor parent be an “absent” parent. He asserts that he is not an “absent” parent because his whereabouts have always been known to the plaintiff and he has exercised his parental rights regularly.

Alternatively, he argues that - R.S. 46:236.1(B)(1)(d) applies only where no support order has yet been established. Because there is a support order outstanding that the juvenile court judge refused to allow into evidence, he asserts the department cannot obtain another support order against him.

By Acts 346 and 347 of 1990, the Louisiana Legislature amended R.S. 46:236.1 to define an “absent parent” as one who does not reside with the dependent child and who is responsible for providing for the child’s financial support, and to provide specifically that actions to modify child support orders may be brought under the statute. The relevant portions of the statute, as amended, follow:

“A. For purposes of this Section, the following items shall mean:
* ⅜ * * ⅞: ⅝:

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State v. Landry, 568 So. 2d 1125, 1990 La. App. LEXIS 2325, 1990 WL 161346 (La. Ct. App. 1990).

568 So. 2d 1125 (State v. Landry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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