Walton v. State Ex Rel. Utah Ex Rel. Wood

2002 WY 108, 50 P.3d 693, 2002 Wyo. LEXIS 114, 2002 WL 1495696
CourtWyoming Supreme Court
DecidedJuly 15, 2002
Docket01-197
StatusPublished
Cited by14 cases

This text of 2002 WY 108 (Walton v. State Ex Rel. Utah Ex Rel. Wood) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walton v. State Ex Rel. Utah Ex Rel. Wood, 2002 WY 108, 50 P.3d 693, 2002 Wyo. LEXIS 114, 2002 WL 1495696 (Wyo. 2002).

Opinion

HILL, Chief Justice.

[T1] Brian Elwood Walton (Walton) appeals a district court order confirming the registration of a Utah support order pursuant to the Uniform Interstate Family Support Act and withholding income. We affirm.

ISSUES

[¶ 2] In his pro se brief, Walton did not present a statement of the issue(s) presented for review, as required by Wyoming Rule of Appellate Procedure 7.01(d). Appellee, Department of Family Services (DFS), sets forth a statement of the issues on appeal in its brief:

I. Whether the district court properly determined that the state of Utah had subject matter jurisdiction.
II. Whether the district court properly applied the full faith and credit clause of the United States Constitution to the registered child support order.
III. Whether appellant submits any co--__ gent argument or legal authority.

FACTS

[¶ 3] Walton and his ex-wife, Mary Ann (Mother), are the parents of two children. They were divorced in Idaho in 1987. Mother was awarded primary physical custody of the children and Walton was ordered to pay child support. Subsequent to the divorce Mother and children moved to Utah. In 1991, an Idaho court entered an order modifying the original divoree decree's custody and visitation provisions. In that order, the Idaho court ceded jurisdiction to the courts of Utah over issues relating to child custody while retaining jurisdiction over child support. In 1996, Walton moved to Lincoln County, Wyoming.

[¶ 4] On March 8, 1997, a hearing was held in the Second Judicial District Court for Davis County, Utah on an application by Mother to modify custody, visitation, and support. On August 19, 1997, the Utah court issued an order granting primary, physical custody of the children to Mother, establishing visitation, and ordering Walton to pay support. The Utah Court of Appeals dismissed Walton's appeal of the order because his notice was untimely.

*695 [¶ 5] On March 17, 2000, DFS filed a petition with the Lincoln County district court to register the Utah support order pursuant to the Uniform Interstate Family Support Act (UIFSA). The DFS petition sought recovery of child support arrearages allegedly owed by Walton. Walton objected to the petition contending that Utah lacked subject matter jurisdiction over child support and personal jurisdiction over him. The district court concluded that Utah had jurisdiction and entered an order confirming registration of the Utah support order and withholding Walton's income in discharge of the arrearage. Walton appealed to this Court reiterating his contention that the Utah courts lacked jurisdiction over child support and raising an allegation of judicial misconduct by the district court judge.

STANDARD OF REVIEW

[¶ 6] We conduct a de novo review of jurisdictional questions pursuant to "the inherent power, and the duty, to address jurisdictional defects on appeal...." Gookin v. State Farm Fire & Cas. Ins. Co., 826 P.2d 229, 232 (Wyo.1992). If a lower court acts without jurisdiction, "this court will notice the defect and have jurisdiction on appeal, not on the merits, but merely for the purpose of correcting the error of the lower court in maintaining the suit." Gookin, at 232.

Weller v. Weller, 960 P.2d 493, 494 (Wyo.1998) (quoting Pawlowski v. Pawlowski, 925 P.2d 240, 242 (Wyo.1996) (citation omitted)).

DISCUSSION

[¶ 7] UIFSA was designed to streamline and expedite interstate enforcement of child support decrees. Cowan v. Moreno, 903 S.W.2d 119, 121 (Tex.App.-Austin 1995). To further these goals and establish national uniformity, Congress mandated that all states adopt UIFSA by January 1, 1998. 42 U.S.C. § 666(f) (West 1996 Supp.); see also Bordelon v. Dehnert, 770 So.2d 433, 486 (La.App. 1 Cir.2000). The three states involved in this dispute have adopted UIFSA. See Wyo. Stat. Ann. §§ 20-4-189 through 20-4-194 (LexisNexis 2001), Utah Code Ann. §§ 78-45f-100 through 78-45f-902 (Lexis 2001 Supp.), and Idaho Code §§ 7-1001 through 7-1059 (Michie 1998).

[¶ 8] Idaho, as the issuing state, 1 retained continuing, exelusive jurisdiction over the child support order issued in this case so long as: (1) the obligor 2 , obligee 3 or the child for whose benefit the support order remained residents of Idaho; or (2) until all the parties who are individuals have filed written consents for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction. Wyo. Stat. Ann. § 20-4-146(a); Utah Code Ann. § 78-45f-205(1); Idaho Code § 7-1008(1). As the official comments to UIFSA explain:

This section is perhaps the most erucial provision in UIFSA.... As long as one of the individual parties or the child continues to reside in the issuing state, and as long as the parties do not agree to the contrary, the issuing tribunal has continuing, exclusive jurisdiction over its order-which in practical terms means that it may modify its order. The statute attempts to be even-handed-the identity of the remain *696 ing party-obligor or obligee-does not matter. If the individual parties have left the issuing state but the child remains behind, continuing, exclusive jurisdiction remains with the issuing state.
The other side of the coin follows logically. Just as Subsection (a)(1) defines the retention of continuing, exclusive jurisdiction, by clear implication the subsection also defines how jurisdiction to modify may be lost. That is, if all the relevant persons-the obligor, the individual obligee, and the child-have permanently left the issuing state, the issuing state no longer has an appropriate nexus with the parties or child to justify exercise of jurisdiction to modify. Further, the issuing tribunal has no current information about the factual cireumstances of anyone involved, and the taxpayers of that state have no reason to expend public funds on the process. Note, however, that the original order of the issuing tribunal remains valid and enforceable. That order is in effect not only in the issuing state and those states in which the order has been registered, but also may be registered and enforced in additional states even after the issuing state has lost its power to modify its order....

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Bluebook (online)
2002 WY 108, 50 P.3d 693, 2002 Wyo. LEXIS 114, 2002 WL 1495696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walton-v-state-ex-rel-utah-ex-rel-wood-wyo-2002.