DCSE-Jennings v. DeBussy

• Decision Date: 09 December 1996
• Docket Number: No. CK93-4153,CK93-4153
• Citation: 707 A.2d 44
• Parties: DCSE/Susan L. JENNINGS, Petitioners, v. Eric A. DeBUSSY, Respondent. . Submitted:
• Court: Delaware Family Court

Page 44

707 A.2d 44

DCSE/Susan L. JENNINGS, Petitioners, v. Eric A. DeBUSSY, Respondent.

No. CK93-4153.

Family Court of Delaware Kent County.

Submitted: Dec. 9, 1996.

Decided: March 7, 1997.

Upon Motion to Reopen. Granted.

John A. Eberly, Deputy Attorney General, for Petitioners.

Sandra W. Dean, Wilmington, for Respondent.

NICHOLAS, Judge.

Before the Court is a Motion to Reopen a Judgment pursuant to Family Court Civil Rule 60(b)(6) filed by petitioners, Susan L. Jennings and the Division of Child Support Enforcement (hereinafter "DCSE") based upon the existence of a federal statute not known to the Family Court when it permanently stayed registration of a foreign child support Order on December 1, 1994. Respondent, Eric A. DeBussy, opposes the relief requested by Petitioners on the ground that the instant case was commenced prior to the enactment of the dispositive federal law. This is the Court's decision following briefing and arguments on the issue of whether the Full Faith and Credit for Child Support Act, 28 U.S.C. § 1738B should have been retroactively applied at the time the order was entered and whether the judgment should now be reopened under Rule 60(b)(6) to apply the applicable law then in existence.

PROCEDURAL AND FACTUAL HISTORY

On August 26, 1992, Respondent was placed under an Order from the Probate and Family Court Department of the Trial Court of Massachusetts to pay $50.00 per week child support for his daughter, Natalie DeBussy, born December 12, 1973, who allegedly then resided with the Petitioner, Susan L. Jennings, in Massachusetts. The Respondent for all periods relevant to this matter resided in the State of Delaware. The August 26, 1992 obligation was ordered pursuant As announced on the record in open court on December 1, 1994, the rationale for permanently staying the registration of the Massachusetts order was this Court's belief that Delaware's choice of law statute at that time, 13 Del. C. § 620, ¹ governed the matter. Delaware's public policy that a parent's duty to support a child terminates upon the minor child attaining age 18 therefore dictated the result. However, on October 20, 1994, shortly before the final hearing on the matter on December 1, 1994, and unknown to the parties, Congress had enacted the "Full Faith and Credit for Child Support Order Act" (hereinafter, "FFCCSOA") codified at 28 U.S.C. § 1738B. This federal statute provides in pertinent part; "[i]n an action to enforce a child support order, a court shall apply the statute of limitation of the forum State or the State of the court that issued the order, whichever statute provides the longer period of limitations." § 1738B(g)(3) (emphasis added). Upon discovering the existence of this federal statute, DCSE filed the pending Motion to Reopen, alleging the Court failed to apply the law in existence at the time of the hearing and, therefore, erred in permanently staying the registration of the foreign order. The Respondent objects to the Motion contending that because the case had initially commenced prior to the enactment of the federal statute, and the Respondent proceeded under then current Delaware and federal law, the Court was correct in applying Delaware's choice of law provision. Therefore, the issue now before the Court is whether the FFCCSOA should have been applied retroactively, after this case had commenced, at the December 1, 1994 hearing.

                to a Massachusetts statute allowing continued child support for a child until age 23 if the child is dependent upon the custodial parent for support.   Massachusetts General Laws, Chapter 208, Section 28.  By an Order dated December 17, 1992, the Respondent was found to be in contempt of the August 26, 1992 Order and his obligation increased to $158.00 per week.  Thereafter, the Petitioners attempted to register the Massachusetts Order with the Family Court of Delaware and the matter came before a Master who dismissed the petition to register the order.  Petitioners filed a Petition for Review De Novo of the Master's dismissal and the matter ultimately came before the Court on Respondent's Motion to Vacate Registration of the Order.  After a hearing on December 1, 1994, the registration of the Massachusetts Support Order was permanently stayed
                

DECISION

Pursuant to Family Court Civil Rule 60(b)(6), a party may be relieved from a final judgment for "any other reason justifying relief." The standard for a Motion to Reopen pursuant to 60(b)(6) is a showing of "extraordinary circumstances." Jewell v. Division of Social Servs., Del.Supr., 401 A.2d 88 (1979). An issue of first impression satisfies the showing of extraordinary circumstances. State v. Skinner, Del.Supr., 632 A.2d 82 (1993). Therefore, because the issue of whether the FFCCSOA should apply retroactively to a case commenced prior to its enactment is an issue of first impression and is answered in the affirmative as discussed below, the extraordinary circumstances standard is met in this case and warrants reopening the judgment. Furthermore, extraordinary circumstances exist in this case because it is determined that the Court failed to apply the applicable law in existence at the time of the final hearing and entered an order contrary to federal law.

The Respondent contends that the FFCCSOA should not be applied retroactively since the statute was enacted subsequent to the commencement of this case and, therefore, the Court's application of Delaware's choice of law provision at the December 1, 1994 hearing was correct. The Respondent relies on the rule that absent clear language to the contrary, statutes are to be applied prospectively and not retrospectively. Wilson v. Triangle Oil Co., Del.Supr., 566 A.2d 1016 (1989). Although this is the general presumption, it has also been held that a statute may apply retroactively even in the absence of clear legislative intent when it would relate "to practice, procedure or remedies and does not affect substantive or vested rights." Hubbard v. Hibbard Brown & Co., Del.Supr., 633 A.2d 345, 354 (1993) (citing, 2 Norman J. Singer, Sutherland Stat. Const. § 41.09, at 399 (5th ed.1993)); Husband B. v. Wife B., Del.Super., 396 A.2d 169, 171 (1978). In that I conclude that applying the FFCCSOA in this case does not affect any substantive rights possessed by Mr. DeBussy at the time of the commencement of the case, retroactive application of the statute is appropriate, and the statute should have governed the matter at the December 1, 1994 hearing even as a matter of Delaware law. However, what is at issue is the retroactivity of a federal statute and when a case implicates a federal statute, the state court should apply federal law. Friedenthal, Kane and Miller, Civil Procedure § 4.8, p. 233 (West Publishing 1984) (footnotes omitted).

The issue of retroactivity of a federal statute has been specifically addressed by the Supreme Court in Landgraf v. USI Film Products, 511 U.S. 244, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994). The Court addressed the tension between two lines of federal jurisprudence regarding retroactivity; the rule that a court is to apply the law in effect at the time it renders a decision, Bradley v. Richmond Sch. Bd., 416 U.S. 696, 94 S.Ct. 2006, 40 L.Ed.2d 476 (1974) and the rule enunciated in Bowen v. Georgetown Univ. Hosp., 488 U.S. 204, 109 S.Ct. 468, 102 L.Ed.2d 493 (1988) recognizing the law disfavors retroactivity and therefore Congressional enactments should not be construed to have retroactive effect unless their language requires this result. In reconciling these two canons of statutory construction, the Court in Landgraf provided instructions for courts in cases where a federal statute is enacted after the events in a suit.

The first step is to determine whether Congress has "expressly prescribed the statute's proper reach." Landgraf at 280, 114 S.Ct. at 1505. Secondly, if Congress has remained silent on the issue of retroactivity, a court must then determine if the "new statute would have a retroactive effect, i.e., whether it would impair rights a party possessed when he acted, increase a party's liability for past conduct, or impose new duties with respect to transactions already completed." Id. If a statute would have a true "retroactive effect" then the "traditional presumption" against retroactivity applies, and the statute should not govern the case. Id.

It is apparent from the...