Larry Ranson v. Patricia Barr, and W. Va. Dept. of Health and Human Resources, etc.
16-0368
| W. Va. | May 22, 2017Background
- Larry Ranson and Patricia Barr divorced in 1977; Ranson was ordered to pay monthly child support (modified later).
- Barr obtained multiple enforcement proceedings in 1980–1981 resulting in findings of arrearage and a writ of execution.
- In 2003–2005 the Bureau for Child Support Enforcement (DHHR) sought enforcement; a 2005 family court decretal judgment awarded $33,887.85 principal and $58,603.98 interest; Ranson did not appeal. An abstract was recorded.
- In 2014 DHHR moved for a new decretal judgment asserting $97,738.98 arrears (including $78,526.18 interest) for support from 1977–2014; the family court granted it in 2015.
- Ranson argued the 2005 judgment and the 2014 motion were time-barred by the ten-year judgment enforcement statute and that earlier orders (e.g., 1980) precluded larger arrearages by res judicata.
- The circuit court affirmed the family court in 2016; the Supreme Court of Appeals affirmed, holding Ranson waived statute-of-limitations and res judicata defenses by failing to raise/appeal them earlier.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ten-year statute of limitations (W. Va. Code § 38-3-18) barred the 2005 decretal judgment or later enforcement | Ranson: the 2005 decretal judgment (based on 1977 order) was time-barred and cannot support later enforcement | DHHR: Ranson waived the statute-of-limitations defense by not raising it in the 2005 proceeding or on appeal; thus it cannot be asserted now | Court held Ranson waived the defense; statute of limitations defense barred now because not raised earlier |
| Whether earlier orders (e.g., 1980 finding of $560 arrears) preclude larger decretal judgments by res judicata | Ranson: prior orders fix arrearages at lower amounts, precluding relitigation of larger sums | DHHR: the 2005 decretal judgment resolved arrearages; Ranson failed to litigate/appeal then, so res judicata does not benefit him now | Court held res judicata does not limit DHHR; Ranson’s failure to raise the issue in 2005 precludes relitigation now |
| Whether the family court erred in entering the 2015 decretal judgment based on earlier judgments | Ranson: the family court should have revisited/limited the arrearage based on prior judgments/statute | DHHR: family court properly relied on existing decree(s) and enforcement procedures; nothing procedurally barred the 2014 motion | Court affirmed family court; refused to revisit the 2005 judgment or bar the 2014 enforcement |
| Applicability of post-2008 amendment to § 38-3-18 (child support subsection) | Ranson: (implicit) later statutory change might affect limitations for child support enforcement | DHHR: the relevant judgment was 2005, so pre-2008 statute governs | Court noted pre-2008 version of § 38-3-18 governs because the controlling judgment was entered in 2005 |
Key Cases Cited
- Carr v. Hancock, 216 W.Va. 474, 607 S.E.2d 803 (W. Va. 2004) (standard of review for circuit court review of family court decisions)
- Tiernan v. Charleston Area Med. Ctr., Inc., 203 W.Va. 135, 506 S.E.2d 578 (W. Va. 1998) (issues not raised on appeal are waived)
- Beahm v. 7–Eleven, Inc., 223 W.Va. 269, 672 S.E.2d 598 (W. Va. 2008) (res judicata/claim preclusion principles)
- State v. Miller, 194 W.Va. 3, 459 S.E.2d 114 (W. Va. 1995) (discussion of claim preclusion concepts)