Coffey v. Vasquez, 0808

Decision Date16 September 1986
Docket NumberNo. 0808,0808
PartiesJoyce F. COFFEY, as Guardian ad Litem for Christopher Scott Gerard, a minor under fourteen (14) years of age, Respondent, v. Richard VASQUEZ, Appellant. . Heard
CourtSouth Carolina Court of Appeals

Randall M. Chastain, Columbia, for appellant.

S. Jahue Moore, West Columbia, for respondent.

GOOLSBY, Judge.

The respondent Joyce F. Coffey, as the guardian ad litem for the minor child Christopher Scott Gerard, brought this action for child support against the appellant Richard Vasquez. The family court ordered Vasquez to pay $40 a week as child support. The dispositive issue is whether a parent whose parental rights have been terminated owes a duty of support to his or her minor child. We reverse.

Prior to the commencement of the instant action, the South Carolina Department of Social Services (DSS) filed a paternity action against Vasquez. Christopher's mother, Jordan Gerard, was later added as a party to the action. Christopher was neither named a party to nor represented by a guardian ad litem in the action.

The parties in the paternity action reached a settlement. Vasquez agreed to acknowledge paternity and agreed to consent to the termination of his parental rights. The parties also agreed that Vasquez would be relieved of his financial responsibilities to the child. In its order, the family court "confirm[ed] the agreement ... as [the] decree of the court."

Shortly after DSS's suit against Vasquez was concluded, the family court appointed Coffey as Christopher's guardian ad litem. Coffey then commenced this action seeking to have Vasquez pay for Christopher's support.

Following a hearing, the family court held that Christopher was not bound by the portion of the prior order that terminated Vasquez's child support obligations because Christopher was not a party to the earlier action and it ordered Vasquez to pay child support; however, the family court left undisturbed the portion of the prior order that terminated Vasquez's parental rights.

In South Carolina, the family court may "compel the support of a ... child, whether legitimate or illegitimate." S.C.Code of Laws § 20-7-420(11) (1976). Its jurisdiction to order support of a child, however, embraces only those persons "legally chargeable with the support of a ... child." Id. § 20-7-420(16) (1976). Generally, a parent owes his or her minor child the duty of support. 59 Am.Jur.2d Parent and Child § 50 n. 4 at 138 (1971); see S.C.Code of Laws § 20-7-90 (1976); Campbell v. Campbell, 200 S.C. 67, 20 S.E.2d 237 (1942).

The duty of a parent to support his or her minor child is often viewed as correlative to the parent's rights in and to the child. See, e.g., Walker v. Walker, 204 N.C. 210, 167 S.E. 818 (1933); 59 Am.Jur.2d Parent and Child § 51 n. 15 at 139 (1971); 67A C.J.S. Parent & Child § 3 n. 29 (1978). Indeed, the term "parental rights," in the context of termination proceedings, has been construed to include both parental rights and parental obligations. Anguis v Superior Court In and For Maricopa County, 6 Ariz.App. 68, 429 P.2d 702 (1967). In our view, a parent's obligation to feed, clothe and otherwise support a child, being correlative to the parent's rights in and to the child, does not exist where the parent's reciprocal rights in and to the child have been terminated.

Because Vasquez's parental rights in and to the minor child were terminated in the paternity action and the order appealed from left standing the termination of these rights, Vasquez is not a person legally chargeable for Christopher's support. The family court therefore erred in ordering Vasquez to pay child support.

We do not reach the issue of whether, at the time the paternity action was brought and Vasquez's parental rights were terminated, Christopher was a necessary party to the action. See Abercrombie v. LaBoon, 281...

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  • M.D.C v. K.D
    • United States
    • Alabama Court of Civil Appeals
    • August 15, 2008
    ...134 Ohio App.3d 167, 730 N.E.2d 472 (1999); McCabe, supra; Kauffman v. Truett, 771 A.2d 36 (Pa.Super.Ct.2001); Coffey v. Vasquez, 290 S.C. 348, 350 S.E.2d 396 (Ct.App.1986); and Commonwealth ex rel. Spotsylvania County Dep't of Soc. Servs. v. Fletcher, 38 Va.App. 107 562 S.E.2d 327 (2002), ......
  • Ex parte M.D.C., No. 10771625 (Ala. 10/1/2009)
    • United States
    • Alabama Supreme Court
    • October 1, 2009
    ...of the child to support by the parents.' "801 A.2d at 685. "The majority relies on the principle from Coffey v. Vasquez, 290 S.C. [348] at 350, 350 S.E.2d at 397-98 [(Ct. App. 1986)], that the duty of support is `"correlative to the parent's rights in and to the child."' ___ So. 3d at ___. ......
  • Mdc v. Petitioner
    • United States
    • Alabama Supreme Court
    • September 30, 2009
    ...of the child to support by the parents.'“801 A.2d at 685.“The majority relies on the principle from Coffey v. Vasquez, 290 S.C. [348] at 350, 350 S.E.2d at 397-98 [ (Ct.App.1986) ], that the duty of support is ‘ “correlative to the parent's rights in and to the child.” ’ 39 So.3d at 1108. H......
  • DHS EX REL. OVERSTREET v. Overstreet
    • United States
    • Oklahoma Supreme Court
    • October 14, 2003
    ...Scheehle, 134 Ohio App.3d 167, 730 N.E.2d 472, 475 (1999); Kauffman v. Truett, 771 A.2d 36, 39 (Pa.Super.2001); Coffey v. Vasquez, 290 S.C. 348, 350 S.E.2d 396, 398 (Ct.App.1986); Estes v. Albers, 504 N.W.2d 607, 608 (S.D.1993); Swate v. Swate, 72 S.W.3d 763, 771 (Tex.Ct.App.2002); Virginia......
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