Trogdon v. Trogdon

780 N.W.2d 45, 18 Neb. Ct. App. 313
CourtNebraska Court of Appeals
DecidedMarch 2, 2010
DocketA-08-1323
StatusPublished
Cited by1 cases

This text of 780 N.W.2d 45 (Trogdon v. Trogdon) is published on Counsel Stack Legal Research, covering Nebraska Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trogdon v. Trogdon, 780 N.W.2d 45, 18 Neb. Ct. App. 313 (Neb. Ct. App. 2010).

Opinion

780 N.W.2d 45 (2010)
18 Neb. App. 313

Suzanne Kay TROGDON, appellee,
v.
Bradly David TROGDON, appellant.

No. A-08-1323.

Court of Appeals of Nebraska.

March 2, 2010.

*46 Christopher A. Vacanti, of Vacanti Shattuck, Omaha, for appellant.

Douglas R. Switzer, of Hathaway Switzer, L.L.C., Omaha, for appellee.

INBODY, Chief Judge, and IRWIN and CASSEL, Judges.

IRWIN, Judge.

I. INTRODUCTION

This appeal involves a California divorce decree ordering child support and spousal support. Pursuant to the Uniform Interstate Family Support Act, Suzanne Kay Trogdon initiated a proceeding to register and enforce that decree in Nebraska. In her accompanying affidavit, Suzanne alleged that Bradly David Trogdon had not been paying child support or spousal support and indicated that Bradly owed $249,558.58 in accrued arrearages.

After a hearing, the district court entered an order "confirming" the child support and spousal support orders from the California decree (referred to as the "support orders"). The court subsequently held additional hearings and ultimately entered an order consolidating the support orders and prohibiting Bradly from contesting the previously confirmed support orders. Then the parties entered into an agreement regarding the amount of arrearages. The court accepted the parties' agreement and ordered Bradly to pay $211,444.62 in accrued, consolidated arrearages.

On appeal, Bradly alleges that the district court erred in determining that it had personal jurisdiction over him and erred in not permitting him to raise the defense of equitable estoppel.

*47 Upon our review, we find that the district court had personal jurisdiction over Bradly because Bradly filed a request for hearing requesting affirmative relief prior to asserting that the district court lacked personal jurisdiction over him. We also find that pursuant to Neb.Rev.Stat. § 42-743 (Reissue 2008), Bradly was precluded from raising an estoppel argument to contest the previously confirmed support orders. As such, we affirm the confirmation of the foreign support orders.

II. BACKGROUND

Sometime after the parties' 1993 California divorce, Suzanne moved to Nebraska with the parties' minor child and Bradly moved to Washington. On March 10, 2008, Suzanne initiated a proceeding in the district court to register the California support orders pursuant to the Uniform Interstate Family Support Act, Neb.Rev. Stat. §§ 42-701 through 42-751 (Reissue 2008). As a part of her request, Suzanne filed an affidavit alleging that Bradly owed $249,558.58 in accrued arrearages.

Also on March 10, 2008, the district court sent Bradly notice that Suzanne had registered the California support orders in Nebraska. Pursuant to § 42-740, the court notified Bradly that he had 20 days to contest the registration of the orders and that if he did not contest the registration within the 20-day period, "the Court [would] confirm the Order[s] and enforce [them] against [him]."

On April 4, 2008, Bradly filed a request for a hearing concerning the registration of the orders. Bradly indicated that he "dispute[d] the amounts set forth in [Suzanne's] affidavit and respectfully request[ed] the court to require strict proof on her claim of what support amounts are owed."

On June 19, 2008, a hearing was held. Bradly did not appear at the hearing, but he was represented by counsel. At the start of the hearing, Bradly's counsel indicated that she was "appearing for the sole purpose of objecting to the personal jurisdiction over Bradly." After hearing arguments from both parties, the court found that it had personal jurisdiction over Bradly.

After the court determined that it had personal jurisdiction over Bradly, Bradly's counsel argued against registration of the California support orders because Bradly had made direct payments to Suzanne which were not included in Suzanne's calculations of the accrued arrearages. Counsel indicated that the direct payments exceeded $5,000.

Despite counsel's assertions, the court confirmed the registration of the California support orders pursuant to § 42-742(c). In its written order, the court found that Bradly did not establish a valid defense to the validity or enforcement of the registered support orders under § 42-742(a). The court indicated, "[T]he [support] orders... are hereby confirmed as orders enforceable in the same manner and subject to the same procedures as orders issued by a tribunal of the state of Nebraska."

After the entry of the confirmation order, Suzanne filed a motion to consolidate the support orders and calculate the total arrearages owed by Bradly and filed a motion requesting that Bradly be ordered to appear and submit to a debtor's examination. Bradly filed a motion to stop enforcement for past support arrearages. Bradly indicated that Suzanne was equitably estopped from collecting support arrearages or accumulated interest. This was the first time this defense had been raised.

In November 2008, a hearing was held on the parties' motions. Bradly appeared *48 personally at the hearing and requested to testify concerning his estoppel defense. The court did not permit Bradly to offer evidence in support of the estoppel defense after determining that he was precluded from contesting the previously confirmed support orders because he could have raised the estoppel defense at the June 2008 confirmation hearing. In reaching its conclusion, the court relied on § 42-743, which states that a confirmed support order cannot be contested with respect to any matter that could have been asserted at the confirmation hearing. The parties then reached an agreement concerning the total amount of arrearages owed by Bradly, and the court entered an order reflecting this agreement. The court ordered Bradly to pay $211,444.62 in accrued, consolidated arrearages.

Bradly appeals here.

III. ASSIGNMENTS OF ERROR

On appeal, Bradly assigns two errors. First, he alleges that the district court erred in determining that it had personal jurisdiction over him. Second, he alleges that the court erred in not permitting him to raise the defense of equitable estoppel.

IV. ANALYSIS

1. STANDARD OF REVIEW

A jurisdictional question which does not involve a factual dispute is determined by an appellate court as a matter of law, which requires the appellate court to reach a conclusion independent of the lower court's decision. Steven S. v. Mary S., 277 Neb. 124, 760 N.W.2d 28 (2009); VanHorn v. Nebraska State Racing Comm., 273 Neb. 737, 732 N.W.2d 651 (2007).

Statutory interpretation presents a matter of law which an appellate court determines independent of the conclusions reached by a lower court. Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999). See, also, Wills v. Wills, 16 Neb.App. 559, 745 N.W.2d 924 (2008).

2. PERSONAL JURISDICTION

Bradly first asserts that the district court erred in determining that it had personal jurisdiction over him.

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Bluebook (online)
780 N.W.2d 45, 18 Neb. Ct. App. 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trogdon-v-trogdon-nebctapp-2010.