Dcs v. Lb, 84 So. 3d 954

D.C.S. and L.B. previously appeared before this court regarding paternity, custody, and child support; juvenile court issued a 2007 judgment awarding custody and child support based on paternity.
In 2009, the father petitioned to modify child support and sought contempt findings and attorney’s fees; mother answered and counterclaimed for contempt.
The juvenile court, after ore tenus evidence, denied modification, found father voluntarily underemployed, awarded arrearage, and denied contempt and fees.
On original submission, a plurality held lack of continuing jurisdiction for modification claims; issue remained unresolved for enforcement claims.
The current rehearing ex mero motu addresses AJJA changes: whether juvenile court retains jurisdiction to enforce judgments and whether modification claims belong in circuit court.
The court concludes: juvenile court lacks continuing jurisdiction to modify support but retains jurisdiction to enforce its judgments and contempt claims; modification claims dismissed; contempt claims resolved in favor of not finding contempt for the mother; fees denied.
Dissenting opinions argue the main opinion creates impractical jurisdictional rules and misreads the AJJA’s intent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the juvenile court had continuing jurisdiction to modify child support	D.C.S. argues the juvenile court could modify under current AJJA	L.B. contends modification must be in circuit court under AJJA	Juvenile court lacked continuing jurisdiction; modification claims dismissed
Whether the juvenile court retained jurisdiction to enforce its judgment via contempt	D.C.S. asserts contempt power over enforcement	L.B. contends jurisdiction limited to matters in juvenile court	Yes, juvenile court retained enforcement/judgment-contest jurisdiction; contempt claims adjudicable in juvenile court
Whether the mother was in civil contempt for violating the parenting clauses	Father sought contempt for mother’s conduct under clauses 6, 16, 17	Mother’s conduct violated civility clause but not willful contempt	Mother violated clause 17 in some instances but not shown willful contempt; no contempt finding warranted
Whether the trial court should award attorney’s fees to the father for contempt	Cole v. Cole allows fee if contemnor; father was not found in contempt	No contempt, so no fee award	Attorneys’ fees not awarded; contempt not established

Ex parte T.C., 63 So.3d 627 (Ala.Civ.App.2010) (AJJA changes; lack of continuing jurisdiction; enforcement vs modification)
Ex parte L.N.K., 64 So.3d 656 (Ala.Civ.App.2010) (juvenile court lacks continuing jurisdiction over custody matters after AJJA)
Searle v. Vinson, 42 So.3d 767 (Ala.Civ.App.2010) (mandates dismissal when void judgment; jurisdictional concerns)