Phillips v. Martin, Civil Action No. 06-2442-KHV.

• Decision Date: 29 January 2008
• Docket Number: Civil Action No. 06-2442-KHV.
• Citation: 535 F.Supp.2d 1210
• Parties: Daniel PHILLIPS, Plaintiff, v. Kimbra L. MARTIN, Defendant.
• Court: U.S. District Court — District of Kansas

535 F.Supp.2d 1210

Daniel PHILLIPS, Plaintiff, v. Kimbra L. MARTIN, Defendant.

Civil Action No. 06-2442-KHV.

United States District Court, D. Kansas.

January 29, 2008.

Daniel Phillips, Shawnee, KS, Pro se.

Kimbra L. Martin, Kirkland, WA, Pro se.

MEMORANDUM AND ORDER

KATHRYN H. VRATIL, District Judge.

Daniel Phillips brings suit against Kimbra L. Martin, his ex-wife, seeking a declaration that he has fully satisfied his child support obligations and that he is not bound by the child support enforcement orders of the Washington state courts. On March 1, 2007, the Court dismissed plaintiffs complaint for lack of subject matter jurisdiction but granted plaintiff leave to file an amended complaint. See Memorandum And Order (Doc. # 19) at 4-5. On March 16, 2007, plaintiff filed an amended complaint. On September 24, 2007, the Court required plaintiff to show good, cause in writing why the Court should not abstain from hearing his action under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). See Order And Order To Show Cause (Doc. # 44) at 2. This matter is before the Court on plaintiffs Response To show Cause Re: Younger v. Harris (Doc. # 52) filed October 30, 2007. Having considered plaintiffs response, the Court finds that the action should be dismissed under Younger.

Factual Background

Plaintiffs amended complaint, as supplemented by various court filings and orders in related cases in Washington and Kansas state courts,¹ may be summarized as follows:

In July of 1983, Phillips married Martin in Oregon. Shortly thereafter, they had a child, The family moved to Missouri in 1987 and then to Kansas in 1988, where Phillips and Martin divorced in June of 1989. On June 30, 1989, they resolved all rights and claims in a divorce and custody decree in the District Court of Johnson County, Kansas. This decree included a child support order that the same court later modified in 1993 (the "Kansas support order").

Phillips moved to Missouri in August of 1989 and remained there until 1997, when he moved back to Kansas (where he still lives). Martin and the child moved to Washington in 1992 after living briefly in New Jersey. Since 1993 this case has involved a complex multi-state history of litigation about child support orders.

In 1993, in the Superior Court of King County, Washington, Martin filed a petition to modify the custody decree and approve her proposed parenting plan. Phillips consented to the plan, which was filed in February of 1994. In 1995, Martin filed a request to register and enforce the Kansas support order in the King County Superior Court. She also filed a petition for support modification, asserting personal jurisdiction because the child might have been conceived in Washington. Phillips entered a special appearance and moved to dismiss Martin's motion to modify support, arguing that the court lacked personal jurisdiction because the child could not have been conceived in Washington. Phillips did not contest personal jurisdiction for purposes of enforcing the Kansas support order. The King County Superior Court entered a default judgment against him for unpaid child support and granted Martin's petition for modification (the "Washington modified support order"). Phillips did not appeal.

Later in 1995, Martin sought to enforce the Washington modified support order in Missouri — where Phillips was living at the time. The Missouri Division of Child Support Enforcement entered an administrative order against Phillips, which he appealed to the Missouri Supreme Court. In 1999, the Missouri Supreme Court overturned the order, holding that Washington had no authority to modify the Kansas support order under the Uniform Interstate Family Support Act (UIFSA). In 2001, Martin unsuccessfully petitioned a Kansas court to enforce the Washington modified support order in Kansas.

In February of 2003, in the King County Superior Court, Martin filed a motion for contempt because Phillips had not made child support payments required by the Washington modified support order. Phillips filed a special appearance and motion to dismiss based on lack of subject matter and personal jurisdiction. A commissioner found that the court lacked personal jurisdiction to enter a contempt order.

Shortly thereafter, in the King County Superior Court, Martin filed a motion for contempt based on Phillips' failure to make child support payments required by the Kansas support' order. Phillips again moved to dismiss. This time he asserted lack of subject matter jurisdiction, lack of personal jurisdiction and forum non conveniens. A commissioner denied the motion to dismiss and found Phillips in contempt, entering judgment for back child support payments, interest, medical expenses and attorney fees. Phillips moved for revision and filed a motion to stay the Washington judgment pending a Kansas court determination of arrearages. In the alternative, Phillips asked to file substantive answers to Martin's allegations. In October of 2003, the King County Superior Court denied Phillips' motions and affirmed the commissioner's ruling. Phillips appealed.

On September 3, 2003, in the United States District Court for the Western District of Washington, plaintiff was charged with failure to pay interstate child support in violation of the Child Support and Recovery Act ("CSRA"), 18 U.S.C. § 228. The information charged that Phillips had failed to pay accrued child support owed to Martin, his ex-wife and a resident of Washington, under the terms of the Kansas divorce decree. Phillips pled guilty to the charge. On March 31, 2004, the federal court sentenced Phillips to five years probation and mandatory restitution in the amount of $36,096 as required by 18 U.S.C. § 228. Martin filed a Victim Impact Statement and addressed the court at sentencing. In August of 2004, Phillips' criminal matter was transferred to this Court. See United States v. Daniel Dennis Phillips, Case No. 04-cm-80060-CM.

On February 25, 2005, Phillips notified the Court of Appeals of Washington that he had fully paid restitution in federal court for accrued child support.² See Notice Of Payment, attached as Exhibit, T-1, to Plaintiffs Declaration (Doc, #.54). Phillips noted that "[t]he outstanding sums remaining at issue in the matter before the Court are the accrued interest, medical reimbursements and attorney fees of approximately $35,000." Id. Phillips did not argue that payment of the restitution relieved him of his duty to pay these remaining items.

On March 21, 2005, the Court of Appeals of Washington ruled on Phillips' appeal "of the orders of the King County Superior Court. It held that (1) Martin had Substantially complied with the procedural registration requirements of UIFSA and that the trial court therefore had Subject matter jurisdiction to enforce the Kansas support order; (2) the trial court had personal jurisdiction over Phillips for purposes of enforcing the Kansas support order; and (3) the trial court had not erred in denying Phillips' motion to dismiss, but that he should have had an opportunity to file a substantive answer. In re Marriage of Kimbra L. Owen & Daniel D. Phillips, 108 P.3d at 829-32.

On May 12, 2005, pursuant to a report of the United States Probation Office which found that Phillips had fully paid the restitution, the Honorable Carlos Murguia of this Court discharged him from probation and ordered that the proceedings in the federal criminal case be terminated. See Order Of The Court (Doc. # 2) in Case No. 04-cm-80060-CM.

On November 29, 2005, the Washington Supreme Court denied plaintiffs petition for review. See In re Marriage of Kimbra L. Owen & Daniel D. Phillips, 155 Wash.2d 1022, 126 P.3d 1279 (2005). On January 13, 2006, the Court of. Appeals of Washington entered a mandate to the King County Superior Court in accordance with the opinion of the Washington Supreme Court. See Exhibit N to Doc. # 67.

Martin asserts that Phillips owes additional money under the Kansas support order and has filed various administrative and judicial actions in Washington to recover such money. In January of 2006, the District Court of Johnson County, Kansas declined to rule on the effect of Judge Murguia's order on administrative and judicial actions in Washington.

On April 20, 2006, in the King County Superior Court, Phillips filed an opposition to Martin's request for a scheduling order. See Reply To Petitioner's Motion For Judgment And Request To Establish Case Scheduling Order, attached as Exhibit U to'Plaintiffs Declaration (Doc. # 54). In that memorandum, Phillips argued that under the Supremacy Clause and principles of collateral estoppel, he is not obligated to pay additional money because he had paid in full the restitution which the federal court ordered. See id. at 3-4.

On August 2, 2006, in the. King County Superior Court, Martin filed a motion to confirm that court's prior order and judgment which held Phillips in contempt and required him to pay back child support, interest, medical expenses and attorney fees. See Exhibit v. to Plaintiffs Declaration (Doc. # 54). On August 23, 2006, after Phillips failed to submit a timely response to Martin's motion,³ the King County Superior Court entered an order which affirmed the prior judgment dated October 8, 2003 and awarded Martin interest, medical expenses and attorney fees. See Order And Judgment, attached as Exhibit Y to Plaintiffs Declaration (Doc. # 54). It also held that the principal amount of unpaid child support in the amount of $36,096 had been satisfied. See id. at 2. On September 6, 2006, the King County Superior Court entered an amended order which noted that Phillips had satisfied the principal amount of unpaid child support in his federal criminal case, but that satisfaction of that judgment did not satisfy the remainder which Phillips owed Martin. See Amended Order And Judgment at 2, attached as Exhibit CC to Plaintiff's Declaration (Doc. # 54).

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