State v. West

964 S.W.2d 221, 61 Ark. App. 69, 1998 Ark. App. LEXIS 153
CourtCourt of Appeals of Arkansas
DecidedMarch 4, 1998
DocketCA 97-604
StatusPublished
Cited by3 cases

This text of 964 S.W.2d 221 (State v. West) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. West, 964 S.W.2d 221, 61 Ark. App. 69, 1998 Ark. App. LEXIS 153 (Ark. Ct. App. 1998).

Opinion

Andree Layton Roaf, Judge.

The State of California, which was assigned child support as a condition for providing AFDC and Medicaid benefits, appeals a Pulaski County Chancery-Court order finding that appellee James F. West had fully satisfied his past-due child-support obligation, enjoining future collection attempts, and ordering that monies collected through the interception of West’s income tax refund and through a wage assignment be refunded. On appeal, California argues that the chancellor erred in finding that West did not owe any child-support arrearages and enjoining its cohection attempts. We affirm.

On September 7, 1979, an order was entered in Stanislaus County, California, granting custody of West’s daughter to the birth mother. The order also granted to West “reasonable visitation” and required that, commencing September 15, 1979, he pay child support in the amount of $75 per month for his four-year-old daughter Melissa, born August 12, 1975. In addition, the order specified that the support payments be made to the office of the Stanislaus County District Attorney so long as Melissa’s mother remained on AFDC. On November 7, 1979, the order was modified to deny West visitation rights. The amount of support, however, was not changed.

West was not diligent in making his support payments. Pursuant to a UIFSA petition filed in California on April 16, 1991, a motion for judgment on arrears was filed in Pulaski County Chancery Court, alleging that an arrearage of $4,310.18 had accrued from September 15, 1979, through April 30, 1990, and praying for judgment in that amount. At that time, California did not seek interest on the arrearage. On the same day, a consent judgment was filed in which West agreed to the amount of the arrearage and a payment of $50 per month.

On August 17, 1992, a second UIFSA petition was filed in California alleging an arrearage of $3,485.18 as of July 31, 1992, and asking that Pulaski County Chancery Court reduce it to judgment. The petition reflected that the total was calculated by subtracting the $825 West had paid from the previous consent judgment of $4,310.18. Again, interest was not mentioned in the petition. On November 3, 1993, a second order was entered in Pulaski Chancery granting judgment to the State of California in the amount of $4,094, and stating that West agreed to amortize the arrearage through payments of $100 per month, effective November 1, 1993. The order also stated that no current support was due because Melissa had become emancipated. Melissa’s eighteenth birthday was August 12, 1993. West subsequently paid the judgment and a “Satisfaction of Judgment” was filed for record on January 9, 1996.

Subsequent to West’s satisfaction of the judgment, California caused to be filed in Stanislaus County Superior Court a wage-assignment order alleging that West owed $7,546.23 as of January 31, 1996. The order required that West’s employer pay over to Stanislaus County $125 per month. California also intercepted West’s $220 income tax refund.

On August 2, 1996, West filed in Pulaski County Chancery Court a motion for declaratory and injunctive relief, alleging that he had completely satisfied the judgment against him and praying that the court find that he owed no additional child support, enjoin California and his ex-wife from collecting any further monies, and order California to disgorge his tax refund and the money it had collected pursuant to the wage assignment.

California opposed West’s motion in a responsive pleading and enlisted the Arkansas Office of Child Support Enforcement (OCSE) to represent it at a January 14, 1997, hearing. After filing responsive pleadings, however, according to OCSE’s trial counsel, California was not very forthcoming with regard to specific information upon which OCSE could offer a defense, and OCSE did little on its own to oppose West’s motion. The following exchange between OCSE’s trial counsel, Ann Dodson, and the chancellor at the hearing is illustrative:

The Court: All right, explain to me again.
Ms. Dodson: Well, we believe that California is claiming an interest, which is how they arrived at the Seven Thousand —
The Court: (Interposing) But you don’t know. Is that right?
Ms. Dodson: They have not sent us a transmittal.
The Court: Have you requested one from them?
Ms. Dodson: Yes, they got notice of Mr. Tripcony’s Motion, and Mr. Dirden was in touch with them about giving us a transmittal, and we haven’t heard from them. We believe they’re relying on those cases, Tannebaugh (sic) versus Hall and Troxell, Arkansas Supreme Court cases saying that Arkansas Orders don’t nullify another state’s Order, and, therefore, they have the right to enforce it.
The Court: Yeah, but they’re not here today. What about that?
Ms. Dodson: They don’t have the information to us (sic) and I believe — I’m just here to offer those cases on their behalf. That’s it, Your Honor.

OCSE nonetheless attempted to explain how California arrived at the arrearage it alleged in its 1996 order, without success. The chancellor subsequently entered an order finding that West had satisfied in full his child-support obligations and that no further support was owed. Additionally, the court ordered California to pay over all monies confiscated from West since January 9, 1996, and enjoined West’s employer from paying any further money pursuant to the wage assignment.

On appeal, California argues that the chancery court was clearly erroneous in ruling that West did not owe any child-support arrearages or reimbursement for government assistance, and erred in enjoining appellant from collecting the 1996 arrearage pursuant to a wage-withholding order issued to West’s employer. California acknowledges that a Satisfaction of Judgment was entered in this case, but argues that it pertained only to the 1993 order entered by Pulaski County Chancery Court and that the arrearage not affected by the Satisfaction of Judgment remains valid until it is paid in full. Relying on Jefferson County Child Support Enforcement Unit v. Hollands, 327 Ark. 456, 939 S.W.2d 784 (1997), which it says stands for the proposition that, absent express words of nullification, underlying support orders are unaffected by the orders entered pursuant to URESA or UIFSA relating to the enforcement of the support obligation, California contends that the two Arkansas orders did not impair California’s right to collect interest on the arrearage in accordance with California law. These arguments fail to persuade.

First, California’s reliance on Jefferson County Child Support Enforcement Unit v. Hollands, is clearly misplaced as this authority addresses an issue not now before us. Unlike the court in Hollands, the Pulaski County Chancery Court did not enter a support order or adjust West’s current support obligation; it merely reduced the arrearage to judgment and ordered a monthly payment to amortize the judgment. The fact that an additional arrearage might or might not exist was not argued in Arkansas pursuant to either the 1991 or 1992 UIFSA petitions.

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Bluebook (online)
964 S.W.2d 221, 61 Ark. App. 69, 1998 Ark. App. LEXIS 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-west-arkctapp-1998.