Odom v. Odom

• Decision Date: 25 February 2011
• Docket Number: 2091101.
• Citation: 89 So.3d 121
• Parties: James ODOM v. Renee ODOM.
• Court: Alabama Court of Civil Appeals

89 So.3d 121

James ODOM

v.Renee ODOM.

2091101.

Court of Civil Appeals of Alabama.

Feb. 25, 2011.

James Odom, pro se.

Submitted on appellant's brief only.

PER CURIAM.

James Odom (“the former husband”) and Renee Odom (“the former wife”) were divorced by a judgment of the DeKalb Circuit Court in 1996; the record indicates that the former husband was directed to pay $200 per month in support for the parties' children. The trial court determined in a contempt proceeding brought by the former wife in 1998 that the former husband's support payments were in arrears, and it rendered an order for $3,453 plus interest in the former wife's favor; the case-action-summary sheet from that proceeding indicates that that proceeding ultimately terminated upon the rendering of a “bench verdict.” No postjudgment motions were filed, and no appeal was taken.

On July 20, 2010, the former husband filed what he styled as a “motion for modification” in which he sought a modification of the support provisions of the divorce judgment. In his “motion,” the former husband averred, in pertinent part, that a material change in circumstances had been “visited upon” him in the form of his incarceration by the Alabama Department of Corrections, in whose custody “he is now residing in service of consecutive 20–year sentences.” He further averred that he had no income or other means by which to comply with the support requirements of the divorce judgment. Based upon those averments, the former husband requested that his support obligation be suspended and that the trial court “forgive” all interest on any existing arrearages. The record does not reflect that the former husband paid a docket fee or that he filed a verified statement of substantial hardship seeking waiver of prepayment of any applicable docket fee. Nonetheless, the trial court purported to rule on the former husband's “motion” by affixing the word “Denied” on the face of that filing on July 28, 2010, and that ruling was entered on August 2, 2010.

The former husband filed a notice of appeal from the decision of the trial court, asserting that the trial court had erred in “summarily dismissing” his “motion.” However, because we conclude that the trial court was without jurisdiction to act on the former husband's “motion,” we must dismiss this appeal ex mero motu as having been taken from a void judgment or order. See Vann v. Cook, 989 So.2d 556, 559 (Ala.Civ.App.2008).

In Vann, a domestic-relations proceeding concluded in April 2005 with the entry of a final judgment of divorce based upon the father's failure to answer or defend; however, several months later, the parties to that proceeding submitted various papers to the trial court in which both parties sought enforcement of certain provisions of that judgment and injunctive relief and in which the father sought modification of the judgment. Although neither party filed a docketing fee or a statement of substantial hardship, those filings ultimately culminated in the trial court's purporting to alter the custody of the parties' minor child. 989 So.2d at 557–58. One of the parties, after having appealed from that ruling, suggested to this court the absence of the trial court's jurisdiction to act. In dismissing that appeal with instructions, we set forth the following reasoning that is similarly applicable in this case:

“Section 12–19–70, Ala.Code 1975, provides that ‘a consolidated civil filing fee, known as a docket fee, [shall be] collected ... at the time a complaint is filed in circuit court or in district court,’ although that payment ‘may be waived initially and taxed as costs at the conclusion of the case’ if ‘[a] verified statement of substantial hardship’ is filed and is approved by the trial court. In turn, § 12–19–71(a)(7), Ala.Code 1975, specifies that a filing fee of $248 is to be collected ‘for cases filed in the domestic relations docket of the circuit court seeking to modify or enforce an existing domestic relations court order ’ (emphasis added [in Vann ] ). The payment of a filing fee or the filing of a court-approved verified statement of substantial hardship is a jurisdictional prerequisite to the commencement of an action. See De–Gas, Inc. v. Midland Res., 470 So.2d 1218, 1222 (Ala.1985); see also Farmer v. Farmer, 842 So.2d 679, 681 (Ala.Civ.App.2002) (‘The failure to pay the filing or docketing fee is a jurisdictional defect.’).

“In this case, the record does not reflect that the mother paid any docketing fee with respect to her August 2005 motion to enforce the divorce judgment or her September 2005 petition for protection from abuse. Likewise,...