Department of Human Services v. Blount, 2003-CA-01785-COA.

• Citation: 913 So.2d 326
• Decision Date: 12 April 2005
• Docket Number: No. 2003-CA-01785-COA.,2003-CA-01785-COA.
• Parties: DEPARTMENT OF HUMAN SERVICES, Appellant. v. Marion BLOUNT, Appellee.
• Court: United States State Supreme Court of Mississippi

913 So.2d 326 DEPARTMENT OF HUMAN SERVICES, Appellant.
v.
Marion BLOUNT, Appellee. No. 2003-CA-01785-COA. Court of Appeals of Mississippi. April 12, 2005.

Page 327

Stephen C. Chayer Hugh Curry Redhead, Jackson, attorneys for appellant.

Alfred Henry Rhodes, attorney for appellee.

Before BRIDGES, P.J., GRIFFIS and ISHEE, JJ.

BRIDGES, P.J., for the Court.

¶ 1. Attempting to obtain child support funds, the Mississippi Department of Human Services (MDHS) successfully garnished Marion Blount's wages and transferred the proceeds to Katye Blount. Marion filed a motion for modification, termination of wage order, and return of money wrongfully withheld. By way of his motion, Marion alleged that MDHS wrongfully garnished his wages for child support because he had legal and physical custody of his children. The chancellor ordered MDHS to return the funds to Marion. Aggrieved, MDHS appeals and requests this Court's resolution of the following issues, listed verbatim:

I. WHETHER THE STATE OF MISSISSIPPI HAS WAIVED SOVEREIGN IMMUNITY AND THEREFORE THE CHANCERY COURT LACKED SUBJECT MATTER JURISDICTION TO ENTERTAIN MONEY DAMAGES AGAINST THE STATE OR IN THE ALTERNATIVE THAT THE STATE IS IMMUNE FROM LIABILITY IF DAMAGES ARE ASSESSED.

II. WHETHER THE CHANCERY COURT LACKED SUBJECT MATTER JURISDICTION BECAUSE THE DEFENDANT FAILED TO NOTIFY THE MDHS OF THE TORT CLAIM TO RECOVER MONIES "WRONGFULLY COLLECTED" WHICH PASSED THROUGH THE MDHS TO THE CUSTODIAL PARENT PRIOR TO FILING HIS ACTION IN CHANCERY IN VIOLATION OF MISS. CODE ANN. § 11-46-11(1) (1972, AS AMENDED).

Page 328

III. WHETHER THE CHANCERY COURT ERRED WHEN IT FAILED TO MAKE FINDINGS OF FACT AND CONCLUSIONS OF LAW WHEN IT FOUND THE MDHS LIABLE FOR SUPPORT COLLECTED FROM THE DEFENDANT AND DISBURSED TO THE CUSTODIAL PARENT UNDER A PRESUMPTIVELY VALID JUDGMENT WITHOUT STATING A LEGAL THEORY WHICH WOULD SUPPORT SUCH A RULING OR IN THE ALTERNATIVE THAT THE RULING WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.

IV. WHETHER THE CHANCERY COURT ERRED BY FAILING TO FIND THAT THE DEFENDANT "SLEPT ON HIS RIGHTS" BY ORDERING MDHS TO REPAY CHILD SUPPORT COLLECTED FROM THE DEFENDANT AND DISBURSED TO THE CUSTODIAL PARENT UNDER A VALID JUDGMENT WHEN THE DEFENDANT FAILED TO BRING THE ISSUE BEFORE THE COURT FOR ELEVEN YEARS.

V. WHETHER THE CHANCERY COURT ERRED BY ORDERING MDHS, WHICH WAS NOT UNJUSTLY ENRICHED, TO PAY WHAT AMOUNTS TO MONEY DAMAGES FOR CHILD SUPPORT "WRONGFULLY COLLECTED" PURSUANT TO A VALID JUDGMENT AND DISBURSED BY THE CUSTODIAL PARENT.

Our review of the record mandates reversal based on the fact that MDHS collected Marion's wages pursuant to a valid court order. As much as this Court admires Marion's diligence in caring for his children, we must render judgment for MDHS. Because we reverse and render, we will omit discussion of issues I-IV and confine our discussion to Issue V.

PROCEDURAL HISTORY

¶ 2. Marion and Katye Blount divorced in 1986. The Hinds County Chancery Court granted Katye exclusive care, custody, and control of their three minor children Marion, Cody, and Audrina Blount. The chancellor ordered Marion to make monthly child support payments of $200.

¶ 3. In June of 1988, Katye filed a motion for contempt and alleged that Marion failed to make child support payments. In August of 1988, the Hinds County Chancery Court entered an order and granted Katye's motion for contempt. The chancellor found a $4,600 child support arrearage and entered an order for withholding.

¶ 4. In April of 1993, the Mississippi Department of Human Services filed a motion for contempt against Marion and sought $16,000 in child support arrearage. In June of 1993, MDHS's motion for contempt was dismissed with prejudice. Between April of 1993 and March of 1999, the MDHS records indicate that they received no child support payments from Marion.

¶ 5. In April of 1999, MDHS began receiving monthly support payments from Marion's employer, Calvert Company. The support payments were acquired based on...