OFFICE OF CHILD SUPPORT LEWIS v. Lewis, 03-354.

• Docket Nº: No. 03-354.
• Citation: 882 A.2d 1128
• Case Date: December 23, 2004
• Court: United States State Supreme Court of Vermont

882 A.2d 1128

OFFICE OF CHILD SUPPORT ex rel. Melissa LEWIS
v.
James L. LEWIS, Jr

No. 03-354.

Supreme Court of Vermont.

December 23, 2004.

Motion for Reargument Denied July 12, 2005.

Christin L. Semprebon, Springfield, for Plaintiff-Appellee.

Kimberly B. Cheney of Cheney, Brock & Saudek, P.C., Montpelier, for Defendant-Appellant.

Present: DOOLEY, JOHNSON, SKOGLUND and REIBER, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

¶ 1. JOHNSON, J.

Father appeals from a Windsor Family Court order in favor of the Vermont Office of Child Support requiring him to reimburse the State of Iowa for public assistance paid to his estranged wife on behalf of the parties' children. We reverse, holding that the family court lacked subject matter jurisdiction over the claim in the absence of an Iowa court order establishing the debt and father's repayment obligation in the first instance.

¶ 2. Father and mother were married in Vermont in 1990 but have not lived together

882 A.2d 1129

for many years. They have two minor children whom father has not seen since 1994. Since separating years ago, mother has not sought child support, and neither parent filed for legal separation or divorce before the Vermont Office of Child Support (OCS) initiated the proceedings at issue here

¶ 3. OCS commenced this action in July 2002 by filing a petition in the Windsor Family Court. OCS sought a judgment in favor of the State of Iowa in the amount of $4,126.67 for past support Iowa provided to mother and the children. As authority for its petition, OCS cited two provisions of Vermont law. The first provision, chapter 39 of Title 33, allows the family court to order a parent to reimburse Vermont's Department of Prevention, Assistance. Transition, and Health Access (PATH) for public assistance PATH paid to support the parent's children. The second provision, § 293(a) of Title 15, gives the family court jurisdiction over child support matters when married parents live separately. OCS filed with the petition additional documents that originated in Iowa and were sent to OCS by the Iowa Child Support Recovery Unit (ICSRU). The documents were approved for use in interstate support proceedings pursuant to the Uniform Interstate Family Support Act (UIFSA), and they indicated that Iowa had not issued a child support order or a judgment on the public assistance debt before asking for OCS's help in obtaining an order from the Vermont court. ICSRU sought an order from Vermont because, as a Vermont resident, father is subject to the jurisdiction of Vermont courts.

¶ 4. The family court magistrate heard OCS's request in February 2003. Because mother's whereabouts were unknown, she was not present for the hearing. Father appeared pro se. Counsel for OCS explained to the magistrate that ICSRU contacted OCS in October 2001 for assistance in recovering the benefits Iowa paid to mother for several months in 1999 and 2000. OCS acknowledged that father did not receive notice of the debt from Iowa before OCS filed its petition in Vermont, and it suggested that the court calculate the judgment according to Vermont's child support guidelines.

¶ 5. The magistrate granted the petition. She reasoned that father's duty of support arose when his children were born, and that authority existed to require him to repay public assistance given to his children during a time when he was not supporting them. The magistrate created a debt based on Vermont's child support guidelines for an Iowa obligation that was never reduced to an administrative or court judgment. Father appealed the magistrate's decision to the family court. The family court upheld the decision after analyzing OCS's petition under UIFSA's provisions exclusively. The court explained that father has an inherent duty to support his children, and reasoned that ICSRU could lawfully "seek reimbursement of an `arrearage' even without prior legal procedures[]" in Iowa. The court did not consider whether the statutes OCS cited in support of the petition gave it authority to adjudicate the Iowa debt in the first instance, however. Following the court's entry of judgment, father appealed to this Court.

¶ 6. On appeal, father argues that the family court denied him due process by issuing the child support order without prior notice of Iowa's claim or an opportunity to challenge it. We review father's claim de novo because it raises a question of law. Lambert v. Beede, 2003 VT 75, ¶ 9, 175 Vt. 610, 830 A.2d 133 (mem.). We agree with father that the court's order is invalid, but rather than reach the constitutional question, we reverse on statutory

882 A.2d 1130

grounds. We hold that, absent prior proceedings in Iowa establishing the public assistance debt and father's repayment obligation according to Iowa law, the family court lacked jurisdiction to issue a Vermont child support order directing father to repay the debt

¶ 7. The scope of the family court's jurisdiction is limited by statute. LaPlume v. Lavallee, 2004 VT 78, ¶ 7, 177 Vt. ____, 858 A.2d 255 (mem.). We strictly construe the family court's grant of authority, and we do not infer jurisdiction where it does not explicitly exist. Id. ¶ 8; e.g., Rogers v. Wells, 174 Vt. 492, 494, 808 A.2d 648, 650 (2002) (mem.) (explaining that family court has no statutory jurisdiction over the separation of unmarried parents outside parentage proceedings). In this case, there are only three possible sources for the court's subject matter jurisdiction over OCS's petition: (1) chapter 39 of Title 33; (2) § 293 of Title 15; and (3) UIFSA, 15B V.S.A. §§ 101-904. 4 V.S.A. § 454(1), (3), (9). When considering claims that arise under a statute, we apply the plain meaning of the statute's words because we presume it reflects the Legislature's intent. Colwell v. Allstate Ins. Co., 2003 VT 5, ¶ 7, 175 Vt. 61, 819 A.2d 727. In this case, we conclude that the court's proceeding, and the order flowing from it, were not authorized under the plain language of those statutes.

¶ 8. We begin with the court's jurisdiction under chapter 39 of Title 33 because that was the primary authority on which OCS relied for its filing. Chapter 39 of Title 33 governs the assignment of rights to child support, and the state's right to reimbursement of benefits, when a parent receives public assistance from PATH...