Thornton v. Thornton

2011 OK 6, 247 P.3d 1180, 2011 Okla. LEXIS 6, 2011 WL 286214
CourtSupreme Court of Oklahoma
DecidedJanuary 31, 2011
Docket107,334
StatusPublished
Cited by3 cases

This text of 2011 OK 6 (Thornton v. Thornton) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thornton v. Thornton, 2011 OK 6, 247 P.3d 1180, 2011 Okla. LEXIS 6, 2011 WL 286214 (Okla. 2011).

Opinion

COMBS, J.

T1 Debra Lynn Thornton, now Watson (Mother), on March 17, 2009, filed a "Notice of Registration of Child Support Order and Income Withholding" seeking to register the parties' 1979 Texas divorce decree. Mother claimed an arrearage of $72,569.98 as of June 2008. The divorce decree Mother sought to enforce was entered on May 18, 1979, in Hunt County, Texas. The decree ordered Edward William Thornton (Father) to pay $160.00 a month for child support for the parties' son born April 24, 1975. Sixteen years after the child reached the age of eighteen, Mother sought to register the divorce decree in Oklszhoma, pursuant to the Uniform Interstate Family Support Act (48 ©.8.2001 $ 601-100 et seq.).

12 Father filed an objection to the registration and enforcement request. In a brief to the trial court, Father noted sixteen years had passed since their son reached the age of eighteen. Father argued that most of Mother's claim was barred by the statute of limitations or dormancy. Father asserted Mother's claim is barred under Texas law and under the doctrines of estoppel and laches. Father also argued that the divorcee decree and affidavit Mother attached to her petition did not meet Oklahoma statutory requirements. The trial court overruled Father's objection to the introduction of the doeu-ments.

T 3 The trial court granted Father's objection to registration of the order in Oklahoma because the judgment had expired in the state that rendered it. The Court of Civil Appeals reversed, finding that because Oklahoma has no statute of limitations on enforcement of child support orders, Oklahoma *1182 law would control, interpreting §§ 601-602 and 601-603(A) of the Uniform Interstate Family Support Act. The Court of Civil Appeals focused on the procedure that occurs after a valid judgment is filed and registered in Oklahoma.

€4 The first-impression issue presented in the instant matter is whether a Texas child support order that has become unenforceable in Texas may be registered and then enforced in Oklahoma, where Father now lives, pursuant to the Uniform Interstate Family Support Act 48 0.9.2001 and Supp.2009, $ 601-100 through 601-901. We hold that a foreign unenforceable order cannot be registered and enforced in Oklahoma.

15 The validity of a judgment must be measured by the law in force when it was rendered. After-enacted legislation cannot impair the efficacy of a valid judgment. Evans v. Evans, 1993 OK 59, ¶ 10, 852 P.2d 145. The statute of limitations in Oklahoma prior to 1996 was five years for the collection of unpaid child support under 12 0.98.1981, § 95(6). Child support proceedings are of equitable cognizance. - Merritt v. Merritt, 2003 OK 68, ¶ 7, 73 P.3d 878; Hedges v. Hedges, 2002 OK 92, ¶ 10, 66 P.3d 364. When reviewing the decision of the trial court in an equity proceeding, this Court has long held that the judgment will not be disturbed unless the trial court abused its discretion or unless the court's finding was clearly contrary to the weight of the evidence. Merritt v. Merritt, 2008 OK 68, ¶ 7, 73 P.3d 878; Creech v. Creech, 1956 OK 10, 19, 292 P.2d 376, 378; Tschauner v. Tschauner, 1952 OK 230, ¶ 25, 245 P.2d 448.

16 Title 43 O.S8. Supp.2004, § 601-607 spells out the available defenses for vacating the registration of a foreign judgment. It states:

A. A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
1. The issuing tribunal lacked personal jurisdiction over the contesting party;
2. The order was obtained by fraud;
3. The order has been vacated, suspended, or modified by a later order;
4. The issuing tribunal has stayed the order pending appeal;
5. There is a defense under the law of this state to the remedy sought; 6. Full or partial payment has been made;
7. The statute of limitation under Section 601-604 of this title precludes enforcement of some or all of the alleged arrearages; or
8. The alleged controlling order is not the controlling order.
B. If a party presents evidence establishing a full or partial defense under subsection A of this section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.
C. If the contesting party does not establish a defense under subsection A of this section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.

Father has the burden of proving one of the aforementioned defenses.

T7 Title 48 O.S. Supp.2004, § 601-604 provides the choice of law in cases such as these. It states:

A. Except as otherwise provided in subsection B of this section, the law of the issuing state governs:
1. The nature, extent, amount, and duration of current payments under a registered support order;
2. The computation and payment of ar-rearages and accrual of interest on the arrearages under the support order, and
8. The existence and satisfaction of other obligations under the support order.
B. In a proceeding for arrears under a registered support, the statute of limitation of this state or the issuing state, whichever is longer, applies.
C. A responding tribunal of this state shall apply the procedures and remedies of *1183 this state to enforce current support and collect arrears and interest due on a support order of another state registered in this state.
D. After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

The state of Oklahoma must apply the law of the issuing state as to the nature, extent, amount and duration of payments under a support order.

18 In Hastings v. Hastings, 1954 OK 248, ¶ 0, 274 P.2d 540, this Court held:

A Nevada judgment for divorce and for continuing monthly payments to wife from husband, valid in Nevada, is here entitled to full faith and credit as a final judgment for the monthly sums which have acerued and are due and payable thereunder.

See also, Catlett v. Catlett, 1966 OK 55, ¶ 17, 412 P.2d 942. Allen v. Allen, 1948 OK 183 ¶ 0, 209 P.2d 172.

T9 In the instant matter, there is a defense under the law of this state to the remedy sought.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

STATE ex rel. DEPT. OF HUMAN SERVICES v. COLDWATER
2016 OK CIV APP 3 (Court of Civil Appeals of Oklahoma, 2015)
Marriage of Clark v. Clark
2014 OK CIV APP 82 (Court of Civil Appeals of Oklahoma, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
2011 OK 6, 247 P.3d 1180, 2011 Okla. LEXIS 6, 2011 WL 286214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornton-v-thornton-okla-2011.