91 So. 3d 56
Ala. Civ. App.2012Background
- Divorce judgment (1998, Missouri issuing state) awarded father custody and limited mother’s support obligations to uninsured medical/dental expenses.
- 2005 Alabama action sought modification of custody and acceptance of Missouri dissolution as Alabama decree; 2006 modification judgment issued.
- 2009 father filed Petition for Rule Nisi and Modification alleging mother failed to pay medical/dental expenses and seeking child support for youngest child.
- Trial court sua sponte questioned UIFSA-based subject-matter jurisdiction, reviewing whether divorce judgment had been properly registered under UIFSA.
- Trial court dismissed the 2009 action in 2011 for lack of subject-matter jurisdiction and vacated the 2006 modification judgment; father appealed.
- Alabama appellate courtAffirmed dismissal, held lack of registration deprived jurisdiction and collateral attack otherwise permitted; no error in vacating 2006 modification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mother could collaterally attack the 2006 modification | Williams | Williams | Yes; collateral attack permitted on lack of jurisdiction |
| Whether trial court had evidence to find lack of subject-matter jurisdiction | Williams | Williams | Yes; records show lack of proper registration |
| Must UIFSA registration occur to modify foreign child-support order | Williams | Williams | Registration required; court lacked jurisdiction without it |
| Does nonregistration foreclose jurisdiction even if parties reside out of issuing state | Williams | Williams | Yes; bright-line rule requiring registration |
Key Cases Cited
- Walker v. Blackwell, 800 So.2d 582 (Ala. 2001) (collateral attack possible where lack of subject-matter jurisdiction shown)
- Reneke v. Reneke, 897 So.2d 1101 (Ala.Civ.App. 2003) (judgments regular on face presumptively valid on collateral attack)
- Kaufman v. Kaufman, 934 So.2d 1073 (Ala.Civ.App. 2005) (void judgments may be set aside for lack of jurisdiction)
- Alves v. Board of Educ. for Guntersville, 922 So.2d 129 (Ala.Civ.App. 2005) (collateral attack permitted for lack of subject-matter jurisdiction)
- Mathews v. Mathews, 244 S.W.3d 660 (Ark. 2006) ( UIFSA registration may govern modification where parties reside in state)
- J.B. v. Cleburne Cnty. Dep’t of Human Res., 992 So.2d 34 (Ala.Civ.App. 2008) (record-specific limitations on judicial notice in appeals)
- S.A.T. v. E.D., 972 So.2d 804 (Ala.Civ.App. 2007) ( UIFSA-related modification and registration considerations)