State ex rel. Cyfd v. Andree G.

• Decision Date: 15 October 2007
• Docket Number: No. 25,869.,25,869.
• Citation: 174 P.3d 531,2007 NMCA 156
• Parties: STATE of New Mexico, ex rel. CHILDREN, YOUTH AND FAMILIES DEPARTMENT, Petitioner, v. ANDREE G., Respondent, and Mohammed A., n/k/a Sydney B., Respondent-Appellee, and In the Matter of Joshua G., a Child, v. State of New Mexico, ex rel. Human Services Department, Petitioner in Intervention-Appellant.
• Court: Court of Appeals of New Mexico

174 P.3d 531

2007 NMCA 156

STATE of New Mexico, ex rel. CHILDREN, YOUTH AND FAMILIES DEPARTMENT, Petitioner, v. ANDREE G., Respondent, and Mohammed A., n/k/a Sydney B., Respondent-Appellee, and In the Matter of Joshua G., a Child, v. State of New Mexico, ex rel. Human Services Department, Petitioner in Intervention-Appellant.

No. 25,869.

Court of Appeals of New Mexico.

October 15, 2007.

NM Children, Youth & Families Dept., Rebecca J. Liggett, Santa Fe, NM, for Petitioner.

Andree G., Capitan, NM, pro se Respondent.

Adam D. Rafkin, P.C., Adam D. Rafkin, Ruidoso, NM, for Respondent-Appellee.

NM Human Services Dept., M. Elizabeth Price, Las Cruces, NM, for Petitioner in Intervention-Appellant.

OPINION

ALARID, Judge.

{1} We withdraw the opinion filed in this case on May 10, 2007, and substitute the following in its place. The motion for rehearing is denied.

{2} In this appeal, we determine whether Appellant, the New Mexico Human Services Department (HSD), is entitled to reopen and intervene in a neglect proceeding to litigate interstate child support issues between Respondents, Andree G. (Mother) and Sydney B. (Father), pursuant to the Uniform Interstate Family Support Act (UIFSA), NMSA 1978, §§ 40-6A-100 to -903 (1994, as amended through 2005), and the Full Faith and Credit for Child Support Orders Act (FFCCSOA), 28 U.S.C. § 1738B (2000).

{3} In the neglect proceeding below, the district court entered an order directing Father to reimburse the Children, Youth and Families Department (CYFD) for the reasonable costs of support and maintenance of Child pursuant to NMSA 1978, § 32A-4-26 (1993) of the Children's Code. After the case was dismissed, Mother filed a petition in the Texas district court to recover child support from Father pursuant to the Texas UIFSA. The Texas court entered an order awarding monthly child support to Mother. HSD now seeks to reopen and intervene in the neglect action for the purpose of reasserting Mother's child support claims against Father. In doing so, HSD seeks to contest the validity of the support order issued by the Texas court on the ground that it lacked subject matter jurisdiction to modify the district court's existing order, and to obtain a determination that the district court issued the controlling order and thus has continuing, exclusive jurisdiction over all child support matters pursuant to the UIFSA and the FFCCSOA.

{4} We hold that because Mother initiated a UIFSA proceeding in Texas following the dismissal of the neglect case, and invoked the jurisdiction of the Texas court to establish child support from Father in the first instance, HSD is now precluded from collaterally attacking the Texas order, which is entitled to full faith and credit, and from relitigating Mother's claims of child support against Father. We also hold that because the support orders entered by the district court and the Texas court address wholly different support obligations owed by Father, the Texas court did not modify the district court's order and thus did not act contrary to the jurisdictional provisions of the UIFSA and the FFCCSOA. We therefore affirm the district court's refusal to reopen the matter.

BACKGROUND

{5} This case originated as a proceeding for "[a] family in need of court-ordered services" pursuant to NMSA 1978, § 32A-3B-2 (1993) of the Children's Code, but has evolved into an interstate child support dispute between a single mother and an absent father. Mother and Child are residents of New Mexico. Father is a resident of Texas.

{6} On April 3, 2000, CYFD filed a petition in the district court for court-ordered family services pursuant to Section 32A-3B-2. Child, who was then thirteen-years-old, had run away from home. Because Mother was unable to reclaim custody of Child due to his anger issues, he was placed in the protective custody of CYFD on March 30, 2000.

{7} On June 26, 2000, the district court determined that the family was in need of court-ordered services pursuant to the Children's Code. The district court ordered that Child remain in the legal custody of CYFD and adopted a treatment plan for Child and Mother. The district court also referred the matter to the Child Support Enforcement Division (CSED) to determine whether Mother was liable for ongoing child support.

{8} On December 11, 2001, CYFD filed an abuse and neglect petition against Mother and Father. The petition alleged that Child was neglected because Mother was unable to adequately care for Child due to physical or mental disability, and because Father had abandoned and failed to support Child. The petition further alleged, in accordance with Section 32A-4-26, that Mother and Father were responsible for paying the "reasonable costs of support and maintenance" of Child that they are financially able to pay if Child is adjudicated to be neglected or abused and is placed with an agency or an individual other than the parent, and referred the matter to CSED.

{9} On June 25, 2002, the district court entered a judgment and disposition, finding that Child was neglected and ordering that Child remain in the legal custody of CYFD. The district court further ordered that the matter be referred to CSED to determine whether Mother and Father were liable for ongoing child support. The judgment provided that "CYFD may share information with CSED . . . for the purpose of collection of child support from the parents."

{10} On September 19, 2002, the district court held a permanency hearing as to Mother and an initial judicial review hearing as to Father. At the permanency hearing, the district court ordered that legal custody of Child be returned to Mother based on the significant progress made by Child and Mother. At the initial judicial review hearing, CYFD acknowledged that Father had complied with the court-ordered treatment plan requiring that he provide income information for the calculation of child support to be paid to CYFD for the time Child was in CYFD's custody. The attorney for CYFD stated that she would prepare a worksheet calculating the amount of child support owed by Father to CYFD and "put together" a child support order. However, no order calculating the amount of child support owed by Father was ever presented to the district court.

{11} The issue of whether Father owed child support to Mother and Child was also raised at the judicial review hearing. Father's attorney acknowledged that "[M]other and [C]hild may have a right to pursue retroactive and ongoing child support and agreed that CYFD could give them the financial information to pursue those claims." However, the attorneys for Father and CYFD did not think the district court had jurisdiction to address any child support claims between Mother and Father in the neglect proceeding, pointing out that only the limited issue of Father's reimbursement of child support to CYFD was before the court. The district court agreed, reminding Mother to file any necessary pleadings or causes of action in pursuing additional support claims against Father, and suggesting that such relief be sought in a separate proceeding. HSD never intervened, and no pleadings were ever filed on behalf of Mother, to collect child support from Father in the neglect proceeding prior to the motion to reopen. Mother also took no action challenging the district court's view that it had no jurisdiction to hear Mother's child support claims against Father.

{12} On October 17, 2002, the district court entered an initial judicial review order, directing Father to "reimburse CYFD for child support due and owing according to the New Mexico Child Support Guidelines" for the time Child was in CYFD's custody. The district court further directed CSED to calculate the support owed, setting the period of reimbursement from December 3, 2001 through September 19, 2002. However, no additional support order, calculating the amount of support owed, was ever presented to the district court.

{13} During a judicial review hearing on March 6, 2003, the issue of child support was once again raised by the parties. The district judge and counsel reiterated their views that the district court lacked jurisdiction to hear Mother's claim for child support from Father in the neglect case. Accordingly, the district court entered an order dismissing the neglect action with prejudice.

{14} On May 21, 2003, Mother applied for services with HSD. On October 30, 2003, Mother, through HSD and the Office of the Attorney General of Texas, filed a petition in Texas district court seeking to establish child support from Father pursuant to the Texas UIFSA. On February 5, 2004, the Texas court issued an "agreed final order," awarding future, monthly child support in the amount of $703 to Mother for a limited period beginning February 2004 and ending September 2004. It does not appear that either party appealed the support order issued by the Texas court.

{15} Instead, on May 18, 2004, HSD filed motions to intervene and reopen the neglect proceeding in the district court for the purpose of reasserting Mother's child support claims against Father. HSD also filed a motion to determine controlling order and a statement of registration of foreign support order for the purposes of contesting the validity of the support order issued by the Texas court and obtaining a determination that the district court issued the controlling order and thus has continuing, exclusive jurisdiction over all child support matters pursuant to the UIFSA and the FFCCSOA. In response to HSD's motions, Father filed a limited entry of appearance to contest personal jurisdiction and a motion to dismiss for lack of personal jurisdiction.

{16} Following a hearing on HSD's motions, the district court entered findings of fact and conclusions of law, and an order expressly denying HSD's motion to reopen, implicitly denying its other motions, and declining to rule on Father's motion to dismiss for lack of personal jurisdiction. In...