119 So. 3d 1187
Ala. Civ. App.2013Background
- DHR sought contempt against T.K.W. for failure to pay a 2009 child-support arrearage.
- The case moved from the juvenile court to the circuit court, then back, with overlapping judges and a reinstated contempt action in the juvenile court.
- The father argued the 2009 judgment was void and sought Rule 60(b) relief, plus recusal of the judge.
- A May 17, 2012 judgment found the father in contempt and issued an income-withholding order (IWO) of $500/month to SSA.
- The IWO was analyzed under statutory priorities and case law on post-majority enforcement and garnishment limits, including McNabb.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the IWO to SSA valid post-majority? | DHR argues post-majority IWOs are authorized. | Father contends IWO against SSA violates limits and prior caselaw. | Authorized; IWO valid post-majority. |
| Can the IWO exceed 25% of SSA benefits? | IWO may exceed 25% under federal/Alabama hierarchy. | Limitations in §6-10-7 apply to garnishments; dispute over amount. | IWO permissible; 50%/50% framework allowed; 35% here within range. |
| Did the court err in denying recusal? | Same judge presided in dual roles; potential impropriety. | No clear facts showing improper conduct; can serve in multiple capacities. | No reversible error; denial affirmed. |
| Was the contempt finding proper where inability to pay was claimed? | Burden shifts to DHR after demonstrated inability to pay. | Father showed financial status but court found willful neglect, not inability. | No error; contempt upheld for willful nonpayment. |
| Was the 2009 judgment properly subject to Rule 60(b)(4) challenges/timely appeal? | Challenge to validity of judgment worth review. | Motion treated as Rule 60(b)(4); untimely appeal on that basis. | Rule 60(b) appeal dismissed for lack of timely appeal. |
Key Cases Cited
- Robbins v. State ex rel. Priddy, 109 So.3d 1128 (Ala.Civ.App.2012) (post-majority enforcement of arrearages via IWO)
- McNabb v. State ex rel. Rhodes, 890 So.2d 1038 (Ala.Civ.App.2003) (IWO priority; up to 50% of income may be garnished)
- T.L.D. v. C.G., 849 So.2d 200 (Ala.Civ.App.2002) (inability to pay as a defense to civil contempt)
- W.L.S. v. K.S.S.V., 810 So.2d 777 (Ala.Civ.App.2001) (pre-amendment limits on post-majority enforcement now superseded)
- Sheeley v. Chapman, 953 So.2d 1252 (Ala.Civ.App.2006) (pre-amendment restrictions on IWOs; superseded by statute)