State, Secretary of Social Rehabilitation Services v. Briggs

• Decision Date: 16 April 1996
• Docket Number: No. WD,WD
• Citation: 925 S.W.2d 892
• Parties: STATE of Kansas, SECRETARY of SRS, Respondent, v. Dennis R. BRIGGS, Appellant. 50923.
• Court: Missouri Court of Appeals

Page 892

925 S.W.2d 892

STATE of Kansas, SECRETARY of SRS, Respondent, v. Dennis R. BRIGGS, Appellant.

No. WD 50923.

Missouri Court of Appeals Western District.

April 16, 1996.

Motion for Rehearing and/or Transfer to

Supreme Court Denied May 28, 1996.

Application to Transfer Denied

Aug. 20, 1996.

Roy W. Brown, Kearney, for appellant.

Don L. Cowan, Kansas City, for respondent.

Before HANNA, P.J., and SMART and ELLIS, JJ.

HANNA, Presiding Judge.

Dennis R. Briggs appeals from the trial court's judgment in favor of the respondent, State of Kansas, Secretary of Social Rehabilitation Services (Kansas SRS), for reimbursement of public assistance given by Kansas SRS to Mr. Briggs' minor children in the amount of $69,984.19. The petition for reimbursement was brought pursuant to the Uniform Reciprocal Enforcement of Support Act, Kan. Stat. Ann. §§ 23-451 to -491 (1994) ¹.

The marriage between Mr. Briggs and Carolyn A. Briggs was dissolved by a Kansas court in January 1986. The parties were awarded joint legal custody of their three minor children. Primary residential custody of the children was placed with Mr. Briggs, subject to reasonable visitation by Ms. Briggs. No child support was awarded.

On May 21, 1990, the district court of Greeley County, Kansas issued a journal entry by which the children were temporarily placed in the custody of Kansas SRS. Both the children and Ms. Briggs appeared at the hearing and stipulated that the children were in need of care. Mr. Briggs did not make an appearance.

On November 19, 1992, Kansas SRS filed a Uniform Reciprocal Enforcement of Support Act (URESA) Petition with the district court of Finney County, Kansas, naming Mr. Briggs as the defendant. The caption named the plaintiff as State of Kansas, Secretary of SRS, assignee of the minor children. In this petition, Kansas SRS alleged that the children were entitled to support from Mr. Briggs, who had refused or neglected to provide reasonable support for his children. The petition further alleged that Mr. Briggs was believed to be living in Missouri and that Kansas SRS was entitled to reimbursement in the amount of $69,984.19. Judge Stephen Nyswonger of Finney County, Kansas signed the URESA Certificate and Order the same day.

The URESA petition was filed in Harrison County, Missouri on May 4, 1994. Mr. Briggs was served on May 13, 1994. Jo-Ellen Horn, a licensed Missouri attorney, entered an appearance on May 19, 1994, on behalf of Kansas SRS. Mr. Briggs filed a motion to dismiss, challenging the validity of the petition and the court's jurisdiction. After a hearing, which focused on the fact that the petition was not signed by an attorney, the court denied Mr. Briggs' motion.

The cause was heard on December 2, 1994. Mr. Briggs again objected to the court's jurisdiction, noting the absence of any attorney's signature on the petition. He also objected on the ground that there was no documentation concerning the mother's and father's ability to pay, nor any sworn testimony. The court overruled these objections. Neither party presented any further evidence, and the court granted judgment in favor of Kansas SRS in the amount of $69,984.13.

Mr. Briggs filed a motion to set aside and/or amend the judgment. He renewed his jurisdictional objections and filed tax returns for 1991 and 1992, requesting that the court reconsider the amount of the judgment. The court denied his motion. Mr. Briggs appeals.

In his first point, Mr. Briggs contends that the trial court erred in ruling that it and the district court of Kansas had jurisdiction in this matter. Mr. Briggs has asserted four subpoints in support of his first argument.

In his first subpoint, Mr. Briggs argues that the courts lacked jurisdiction because the URESA petition was not filed or prosecuted by the prosecuting attorney of Finney County or the Kansas Attorney General. In support of his position Mr. Briggs relies on K.S.A. § 23-462, which provides:

If this state is acting as an initiating state the prosecuting attorney upon the request of the court or the state department of social welfare shall represent the obligee in any proceeding under this act. (emphasis added).

Mr. Briggs contends that because Kansas is the initiating state, this provision required the prosecuting attorney of Finney County or the Kansas Attorney General to represent Kansas SRS and file the petition. According to Mr. Briggs, because no attorney signed the petition, no court could exercise jurisdiction.

The primary rule of statutory construction requires a court to ascertain legislative intent by considering the plain and ordinary meaning of words used in the statute, and when the language of a statute is clear and unambiguous, there is no room for construction. Jones v. Director of Revenue, 832 S.W.2d 516, 517 (Mo. banc 1992). Mr. Briggs' interpretation of the statute disregards the phrase "upon the request of", arguing that this statute means that the prosecuting attorney of Kansas must always represent the obligee.

The clear meaning of the provision requires that the Kansas prosecuting attorney represent the obligee only if requested to do so by the court or the state department of social welfare. Nothing in this provision required the prosecuting attorney of Finney County or the Kansas Attorney General to file the URESA petition or represent Kansas SRS.

K.S.A. § 23-458 provides that if a state or political subdivision furnishes support to an individual obligee it has the same right to initiate a URESA action as the individual obligee for the purpose of securing reimbursement of support. Kansas SRS filed the URESA petition to secure reimbursement of public assistance provided to the three children. As Mr. Briggs owes a common law duty and obligation to support his minor children, they are obligees within the meaning of K.S.A. § 23-451(f). See State ex rel. Division of Family Servs. v. Standridge, 676 S.W.2d 513, 515 (Mo. banc 1984). Thus, Kansas SRS was entitled to file this petition to secure reimbursement of support. ²

The Kansas district court forwarded the petition to Harrison County, Missouri in accordance with K.S.A. § 23-464. Personal and subject matter jurisdiction were proper in the circuit court of Harrison County, Missouri, where the enforcement action was sought. § 454.100, RSMo 1994; Gallup v. Gallup, 873 S.W.2d 336, 337 (Mo.App.1994). Once the petition was received by the Harrison County court, acting as the responding state, it was required to docket the cause and notify the prosecuting attorney under § 454.180, RSMo 1994. The Harrison County court did this. Subsequently, a Missouri licensed attorney entered her appearance on behalf of Kansas SRS. This petition was properly before the Harrison County court. Mr. Briggs' first subpoint is denied.

In his second subpoint, Mr. Briggs argues that Kansas SRS sought reimbursement as assignee of the children in that it claimed that the children had made an assignment of their rights and/or had given Kansas SRS the authority to collect support. Mr. Briggs contends that the petition should have been dismissed because Kansas SRS failed to attach the alleged assignment and the children could not assign their rights as minors. Kansas SRS asserts that it was not proceeding under an assignment theory, but rather under the common law theory of reimbursement of necessaries.

The character of the cause of action must be determined from the facts stated in the petition and not by the prayer or the name given the action by the pleader. McKinnon v. McKinnon, 896 S.W.2d 90, 91 (Mo.App.1995). The caption of the petition identifies Kansas SRS as the assignee of the minor children. It further classifies this case as an IV-D AFDC/IV-E Foster Care case. Nowhere does the petition state that Kansas SRS is seeking reimbursement of necessaries. Rather, the petition asserts that Kansas SRS is entitled to reimbursement in the amount of $69,984.19. The records attached to the petition indicate that this amount is the entire amount given by Kansas SRS in support of the children. While practically speaking there is probably little, if any, difference between this amount and an amount labeled as "necessary", a fair reading of this petition demonstrates that it is an action for the reimbursement of the entire amount of AFDC benefits paid by Kansas SRS to the children, not a common law action for reimbursement of necessaries.

Mr. Briggs contends that the court erred by not dismissing the petition because Kansas SRS failed to attach the alleged assignment and the children, as minors, could not lawfully enter into an assignment. We cannot agree with Mr. Briggs' argument, which, when extended to its logical conclusion, would prevent Kansas SRS from ever recovering reimbursement provided to minor children who are wards of the state.

In Dycus v. Cross, 869 S.W.2d 745, 749 (Mo. banc 1994), the court required the state to produce competent evidence that the mother, as a recipient of AFDC benefits, had assigned her support rights to the state and that it had paid AFDC benefits to the mother for the benefit of the child. Without articulating what constitutes competent evidence of an assignment, the court found that the state had met its burden. Id.

Under K.S.A. § 39-709(c), by applying for or receiving AFDC, the applicant or recipient is deemed to have assigned to the secretary of social and rehabilitative services any and all rights to support from any other person. This assignment of support rights automatically becomes effective upon the approval for or receipt of AFDC. Id. Mr. Briggs has provided us with no authority to support his contention that such a deemed assignment is not effective as to minor children. He also provided no authority for the position that he is a party entitled to attack the effectiveness of such an assignment.

Here, the records presented by Kansas SRS demonstrate that it provided monthly AFDC benefits in support of Mr. Briggs'...