Ex parte STATE DEPARTMENT OF HUMAN RESOURCES. .

• Decision Date: 12 March 2010
• Docket Number: 2081197.
• Citation: 47 So.3d 823
• Parties: Ex parte STATE DEPARTMENT OF HUMAN RESOURCES. (In re The Matter of R.H.J. and In re The Matter of S.H.).
• Court: Alabama Court of Civil Appeals

47 So.3d 823

Ex parte STATE DEPARTMENT OF HUMAN RESOURCES.

(In re The Matter of R.H.J.

and

In re The Matter of S.H.).

2081197.

Court of Civil Appeals of Alabama.

March 12, 2010.Certiorari Denied May 7, 2010

COPYRIGHT MATERIAL OMITTED.

Sharon E. Ficquette, chief legal counsel, and Jennifer M. Bush, legal counsel, Department of Human Resources.

J. Clay Benson, Jr., of Esco & Benson, LLC, Montgomery, guardian ad litem.

Joshua B. James, Montgomery, for C.H.

MOORE, Judge.

The State Department of Human Resources (“DHR”) petitions this court for a writ of mandamus directing Judge Patricia Warner of the Montgomery Juvenile Court (“the juvenile court”) to vacate those portions of an August 17, 2009, judgment in which the juvenile court ordered DHR to pay certain funds, collected by DHR from R.L.H. (“the father”) as a child-support arrearage and interest, to C.H., the legal custodian of R.H.J. and S.H. (“the children”). As grounds for the requested writ, DHR asserts that the juvenile court lacked subject-matter jurisdiction to collaterally attack a May 2005 final judgment entered in favor of DHR and lacked subject-matter jurisdiction to order the State treasury to issue funds to an individual. Because we grant the petition and issue the writ on the first ground, we need not address the second ground.

Background

In May 2005, DHR obtained a judgment against the father in case number CS-01-576 in the Montgomery Circuit Court, Child Support Division. On May 18, 2005, a juvenile-court referee evidently determined that DHR had proven its right to be reimbursed for benefits DHR had paid on behalf of the children, to whom the father owed a duty of support. The documents filed along with the petition for the writ of mandamus indicate that on May 19, 2005, Judge Anita Kelly, a Montgomery circuit-court judge, ratified and confirmed the referee's order, thereby requiring the father to pay DHR $11,347.71, along with accrued interest of $2,407.10. The clerk of the circuit court stamped the judgment “received” on that same date, indicating that it had been properly filed with the clerk's office.

In May 2008, the children became the subject of separate dependency actions in the juvenile court (case numbers JU-08-12.01 and JU-08-13.01). After determining that the children were dependent, the juvenile court awarded custody of the children to C.H., their aunt. At that time, DHR was still collecting on the May 2005 judgment against the father. As part of its collection efforts, on March 10, 2008, DHR had intercepted $6,178 payable to the father, allocating $4,760.77 to the judgment and the remainder to a separate judgment relating to another child-support case involving the father. When the juvenile court awarded custody of the children to C.H., the juvenile court entered the following handwritten notation on the case-action-summary sheets in both juvenile files: “Tax stimulus monies for both children to be paid to [C.H.] by father. Review set for 9/23/08 @ 10 AM. (See [child-support] cases to determine where father's tax intercept is.) PDW.”

On July 14, 2008, the State again intercepted $1,023 payable to the father, allocating $775 of that amount to the May 2005 judgment. On August 19, 2008, the juvenile court entered a handwritten notation on the case-action-summary sheets in both juvenile cases: “GAL to review [child-support] records to determine whether there is an order of support which can be redirected to custodian. Support issues to be reviewed on 9/23/08 @ 10 AM. PDW.”

In November 2008, the juvenile court consolidated the pending juvenile cases with case number CS-01-576, and it set all pending issues for a hearing. After a hearing, the juvenile court entered a judgment on August 17, 2009. In that judgment, the juvenile court stated as follows:

“THIS MATTER came before the Court for final hearing in the above styled cases. On January 18, 2005, Referee Heibel wrote in the case action summary the following finding: ‘the Mother was deceased as of January 5, 2005 ... credit given to terminate CCS ...’ Two minor children remain alive and the father is alive and was still married to mother at time of her death. Apparently, the parties were separated and the father was paying $150 per month in child support at the time of the mother's death. After the Mother's death, the Father had custody of the children. No evidence of affirmation of Referee's recommendation by a circuit Judge is contained in the record.

“The child support record does not reflect evidence of any amounts for benefits paid by the Department of Human Resources (hereinafter, DHR) to the Mother prior to her death were presented and substantiated in the record [sic]. However, DHR has continued to collect $150 per month from the Father and intercepted tax refunds and stimulus checks and retained same. No monies have been paid to the custodian, [C.H.], for the children by DHR after custody was vested in her in May, 2008. The Montgomery County Department of Human Resources simply collected child support money from the Father and wrongfully retained same. Likewise, the Montgomery County DHR collected child support money from the Father after the custody of the children was vested in [C.H.] and kept all funds for its own purposes.

“The Father did not receive benefits from DHR. The deceased Mother received benefits in some unproven amount, making the deceased Mother in privity of contract with DHR for any obligation for repayment to DHR. The Father has no obligation to repay DHR for any amount of benefits which it may have extended to her. The Father's obligation does not change because of the Mother's death. The Father's only obligation is to pay child support pursuant to Rule 32, [Ala. R. Jud. Admin.]. Likewise, custodian, [C.H.], has no obligation to pay DHR for benefits in some unspecified amount which DHR supposedly paid to the deceased mother.

“On January 3, 2008, the maternal aunt, [C.H.], filed for custody in the Juvenile Court Montgomery County. Thereafter, all matters, including child support matters, were heard by a circuit judge. There was no activity in the child support case which was consolidated into the Montgomery County Juvenile Court case. There was some attempted activity after the Mother's death, but the referee's recommendation was never affirmed by a circuit judge nor was said affirmation entered into the record. On May 15, 2008, DHR filed a home evaluation and report with the Court which recommended that [C.H.] be awarded custody of her niece and nephew, [R.H.J. and S.H.].

“After a hearing on May 27, 2008, the Court vested custody in [C.H.]. In that same entry/Order in the case action summary, the Court specifically stated:

“ ‘... Tax Stimulus monies for both children to be paid to Petitioner [C.H.] by the father. Review set for 9/23/08. (See [child-support] cases to determine where father's tax intercept is.) PDW’

“Monies were paid to [C.H.] as of the last hearing on April 8, 2009.

“On March 3, 2009, State's Exhibit 2 evidences that DHR has taken $9,902 from the Father and paid nothing for the children. State's Exhibit 2 shows that after [C.H.]'s petition for custody was filed, DHR intercepted $6,178.00 from Father on March 10, 2008, at which time the children were still in the Father's care.

“In violation of this Court's May 27, 2008, Order, that tax stimulus monies be paid to [C.H.] by the Father, DHR intercepted $1,023 in stimulus monies on July 14, 2008. DHR again on September 3, 2008 and November 13, 2008 violated this Court's Order by receiving child support monies and under child support Orders refusing to forward same for the support of the children.

“On September 10, 2008, DHR was Ordered to appear on April 8, 2009, and prove all amounts, if any, in benefits paid to the Mother which would justify DHR's continued taking of money from the living parent but refusing to pay out same for support of the children. No evidence was presented. In reviewing the child support cases which were consolidated into the Juvenile cases, it is clear that person(s) have ‘whited’ out the last entry entered by the undersigned judge leaving the last child support entry entered by the Referee on January 18, 2005 and no affirmation by a Circuit Judge.

“Based on the foregoing, it is ORDERED as follows:

“1. That the child support case CS-2001-576 is CLOSED.

“2. That Montgomery County DHR has wrongfully taken and kept $9,902 from the two minor children representing monies paid by the Father or intercepted by DHR from the Father. Said child support monies were to be used for the support and care of the children who were in the Father's custody until May 27, 2008, when custody of both children was awarded to [C.H.].

“3. That DHR shall immediately, but not later than thirty (30) days from the date of this Order, pay $9,902 to [C.H.], custodian of the children. The Father asserted that all monies due to be reimbursed to him should be paid to the custodian.

“4. That should DHR fail or refuse to pay the $9,902 within the time allotted, then said sum shall be reduced to a judgment in favor of [C.H.] and against the Montgomery County [DHR] ^{[ 1 ]} from which execution may lie.

“5. That child support is hereby set pursuant to Rule 32, [Ala. R. Jud. Admin.] (2008 Rules) in the amount of $398 per month. The Father shall pay directly to the Custodian, Mrs. [C.H.], in the form of cashier's check or money order by the 15th of each month, beginning September 1, 2009.”

Finality of Judgment

[1] [2] [3] [4] Before proceeding to the merits of the petition, we must first resolve a dispute amongst the parties regarding the finality of the judgment.

“ ‘ “ ‘A judgment that conclusively determines all of the issues before the court and ascertains and declares the rights of the parties involved is a final judgment.’ ” [Pratt Capital, Inc. v.] Boyett, 840 So.2d [138,] 144 [ (Ala.2002) ] (quoting Nichols v. Ingram Plumbing, 710 So.2d 454, 455 (Ala.Civ.App.19...