123 So. 3d 954
Ala. Civ. App.2013Background
- German paternity acknowledgment (1989) and German child-support order (1995) were transmitted to Alabama for UIFSA registration, showing arrearage and future payments.
- Registration of the German order occurred in Baldwin County on June 21, 1999, in case CS-99-131, after attempts to serve L.V. were unsuccessful.
- The case was transferred from Baldwin to Mobile Juvenile Court (2000) and then affirmed by Mobile in October 2000.
- In June 2008, the case moved to Jefferson Family Court (CS-08-912); DHR petitioned for contempt and arrearage amount was alleged to be approximately $89,388.23 by 2011.
- L.V. challenged registration in 2012, arguing improper registration and lack of service; he later acknowledged contempt at hearings, which affected the proceedings.
- Jefferson Family Court found subject-matter and personal jurisdiction proper, denied challenges to registration, and the appeal affirmed the trial court's judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the German order was properly registered under UIFSA | L.V. argues registration was improper | L.V. contends lack of proper filing/notice | Registration complied; court had jurisdiction |
| Whether service of notice of registration was properly effectuated | L.V. was not properly served | Service defects were waived by appearance and participation | Waived defense; personal jurisdiction valid |
| Whether the court had subject-matter jurisdiction to enforce the foreign order | UIFSA registration conferred jurisdiction | Challenged registration/notice | Subject-matter jurisdiction Conferred; properly enforced |
| Whether L.V. waived any challenge to personal jurisdiction by appearing at hearings | Appearance acknowledging contempt implied waiver | Waiver did not apply if proper objection | Waiver occurred; personal jurisdiction preserved |
Key Cases Cited
- Bank of Anniston v. Farmers & Merchants State Bank of Krum, Texas, 507 So.2d 927 (Ala. 1987) (strict compliance evaluated by substance over form in certificate of judgment)
- Ex parte Ortiz, 108 So.3d 1046 (Ala.Civ.App.2012) (strict UIFSA registration requiring proper notice and process)
- Mattes v. Mattes, 60 So.3d 887 (Ala.Civ.App.2010) ( UIFSA registration requires registering in a state with personal jurisdiction over obligor)
- Hall v. Hall, 122 So.3d 185 (Ala.Civ.App.2013) (waiver of lack of personal jurisdiction when defendant participates in proceedings)
- D.B. v. M.A., 975 So.2d 927 (Ala.Civ.App.2006) (waiver doctrine in concurrent proceedings involving registration/notice)
- Placey v. Placey, 51 So.3d 374 (Ala.Civ.App.2010) (contextual discussion of UIFSA and related procedures)