STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, ON BEHALF OF ROSEMARY J. BACHTAL, APPELLANT,
v.
LYMAN H. BACHTAL, APPELLEE

Fla. 2d DCA | 1988-01-08
No. 87-1178
CAMPBELL, A.C.J., and HALL, J., concur.
517 So. 2d 787 Florida District Court of Appeal, Second District (1988) Positive Treatment
Cited by 8 cases

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Synopsis

The Second District Court of Appeal reversed a trial court's dismissal of a child support arrearage enforcement action brought under URESA after the child reached age eighteen. The court held that URESA is an appropriate statutory vehicle to enforce past-due child support obligations even after a child becomes emancipated, resolving a conflict among Florida appellate courts and aligning with legislative intent.


Holding

URESA is an appropriate statute under which to collect child support arrearages after the child is no longer dependent. A parent remains responsible for past-due child support obligations even after a child reaches the age of majority.


Headnotes

[1] The Uniform Reciprocal Enforcement of Support Act (URESA) is an appropriate vehicle to collect child support arrearages after the children are emancipated.

[2] URESA's purpose is to simplify interstate enforcement of child support obligations, including sums for which a parent remains responsible even after the child reaches the…

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Key Quotes

“URESA's purpose is to simplify interstate enforcement of child support obligations, sums for which the parent remains responsible even though the child may have reached the age of majority.”

Establishes the underlying purpose of URESA and the principle that child support obligations survive emancipation

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Facts & Procedural History

The ex-husband (appellee) owed over $22,000 in child support arrearages, with over $20,000 owed to Michigan, which had provided public assistance to t…

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Opinion of the Court
FRANK, Judge.

FRANK, Judge.

The appellant, the Office of Child Support Enforcement of the Department of Health and Rehabilitative Services, on behalf of Rosemary Bachtal, sued her ex-husband for contempt after the husband had failed to pay child support arrearages in a sum exceeding $22,000. HRS had filed a petition for past due amounts pursuant to the Uniform Reciprocal Enforcement of Support Act (URESA) at a time when the appellee’s child had reached the age of eighteen years. From the time of the divorce until the child had reached eighteen the State of Michigan, the residence of the ex-wife, had provided public assistance for the children, and over $20,000 of the ar-rearages owed by appellee were due to the State of Michigan. HRS and appellee entered into a court-approved stipulation providing (1) that the appellee was in arrears in the amount of $22,643 as of April 24, 1986; (2) that appellee would pay $15 per week through the clerk of the court of Manatee County until the arrears were paid in full; and (3) that an income deduction order would become effective upon appellee’s delinquency.

When the appellee failed to pay as agreed HRS filed a motion and notice for contempt, and the trial court found the appellee in contempt and entered judgment against him in the amount due to the State of Michigan and to his ex-wife. Upon the filing of appellee’s motion for rehearing, however, the court set aside the contempt order and judgment and dismissed the petition on the ground that URESA is not an appropriate vehicle to collect child support arrearages after the children are emancipated. We reverse.

At the time the trial court rendered its order the Third and First District Courts of Appeal had issued conflicting decisions concerning the right of a parent of an emancipated minor to sue under URESA for past due installments of the non-custodial parent’s support obligation. State ex rel. Sipe v. Sipe, 492 So. 2d 679 (Fla. 1st DCA 1986); Massey v. Massey, 443 So. 2d 294 (Fla. 3d DCA 1983).

The better view, expressed by the Massey court and followed in other states, allowed maintenance of such a suit pursuant to URESA. See, e.g., Johnson v. State, 167 Ga.App. 508, 306 S.E. 2d 756 (1983); Ackerman v. Yanoscik, 601 S.W. 2d 72 (Tex.App.1980); Dorsey v. Dorsey, 42 Ill.Dec. 124, 86 Ill.App.3d 1043, 408 N.E. 2d 502 (1980).

These courts have determined that URESA’s purpose is to simplify interstate enforcement of child support obligations, sums for which the parent remains responsible even though the child may have reached the age of majority.

Furthermore, our legislature has spoken directly to this problem, expressing its intent in a recent amendment to section 88.012, Florida Statutes, that URESA “is an appropriate statute under which to collect child support arrearages after the child is no longer dependent.” 1987 Fla. Sess.Law Serv. Ch. 87-95, § 6 (West). The amendment insures implementation of the general legislative intent, apparent even before the statutory revision, to relieve the inequitable burden borne by the custodial parent or the general public through assistance programs. § 88.012, Fla.Stat.

Accordingly, we reverse the “Order Setting Aside the Order on Motion for Contempt and Judgment Dated February 24, 1987 and Dismissing This Cause" and remand this matter to the trial court for further proceedings consistent with this opinion.

CAMPBELL, A.C.J., and HALL, J., concur.


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Citator

Cited By

  • Dep't of Health & Rehabilitative Servs. v. Holland, 602 So. 2d 652 (Fla. 5th DCA 1992)
    …ond, Third and Fourth District Courts of Appeal have all rejected the Cronebaugh view on standing. See Sprunger v. Sprunger, 534 So. 2d 925 (Fla. 4th DCA 1988); State, Department of Health and Rehabilitative Services on behalf of Bachtal v. Bachtal, 517 So. 2d 787 (Fla. 2d DCA 1988); Brown v. Brown, 484 So. 2d 1282 (Fla. 4th DCA 1986); Newman v. Newman, 459 So. 2d 1129 (Fla. 3d DCA 1984), rev. denied, 466 So. 2d 218 (Fla.1985); Massey v. Massey, 443 So. 2d 294 (Fla. 3d DCA 1983); Holmes v. Holmes, 384 So. 2d…
  • …s did the trial court, Parrish's initial defense that Miller or HRS, as Florida’s enforcement agency,2 cannot bring a suit under URESA to enforce child support obligations after a child has attained the age of majority. Department of HRS v. Bachtal, 517 So. 2d 787 (Fla. 2d DCA 1988); Massey v. Massey, 443 So. 2d 294 (Fla. 3rd DCA 1983). Furthermore, section 88.012, Florida Statutes (1987) states: It is further the legislative intent that the Revised Uniform Reciprocal Enforcement of Support Act is an appropr…
  • Dep't OF Health & Rehabilitative Servs. v. Blue, 564 So. 2d 243 (Fla. 5th DCA 1990)
    …providing H.R.S. services “to collect child support arrearages after the child is no longer dependent.” Parrish v. Dep’t of Health & Rehabilitative Services, 525 So. 2d 1029 (Fla. 5th DCA 1988); Dep’t of Health & Rehabilitative Services v. Bachtal, 517 So. 2d 787 (Fla. 2d DCA 1988); § 88.012, Fla.Stat. (1987). Since section 409.2567 provides that all H.R.S. support enforcement services shall be made available to all dependent children, we think that the legislature intended to require H.R.S. to provide post-…

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