James Odom v. Renee Odom., 2011 Ala. Civ. App. LEXIS 54

Divorce in 1996; DeKalb Circuit Court ordered former husband to pay $200 monthly child support.
1998 contempt proceeding found arrears; ordered $3,453 plus interest; bench verdict; no postjudgment motions or appeal.
July 20, 2010, former husband filed a 'motion for modification' claiming incarceration and lack of income; sought suspension and forgiveness of interest; docket fee or hardship statement not reflected.
Trial court denied the motion by marking 'Denied' on July 28, 2010; ruling entered August 2, 2010.
Former husband appeals, but appellate court dismisses ex mero motu as void for lack of subject-matter jurisdiction due to failure to pay docketing fees or obtain hardship approval.
Court cites Vann v. Cook and holds that without complying with docketing-fee requirements, court lacks jurisdiction to modify the divorce judgment; directs trial court to vacate the August 2, 2010 ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction to hear modification requires docket fee	Odom contends modification is permissible without docket fee once filed.	Tribunal lacked jurisdiction absent docketing fee or hardship waiver.	Lacked jurisdiction; modification motion void; appeal dismissed
Effect of void order on appeal	Odom argues trial court properly denied modification.	Order was void for lack of jurisdiction; appeal improper.	Appeal ex mero motu dismissed; circuit court to vacate August 2, 2010 ruling

Vann v. Cook, 989 So.2d 556 (Ala. Civ. App. 2008) (docketing-fee prerequisites govern jurisdiction; void orders follow)
De-Gas, Inc. v. Midland Res., 470 So.2d 1218 (Ala. 1985) (filing fees are a jurisdictional prerequisite)
Farmer v. Farmer, 842 So.2d 679 (Ala. Civ. App. 2002) (failure to pay filing or docketing fee is a jurisdictional defect)
Hunt Transition Inaugural Fund, Inc. v. Grenier, 782 So.2d 270 (Ala. 2000) (appeal from void judgment must be dismissed)