No. 86-CA-2729-DG | Ky. Ct. App. | Mar 11, 1988
Lead Opinion
We granted discretionary review in this case to consider whether a district court has the authority to award child support arrearages in excess of its jurisdictional limit in an action filed under the Uniform Reciprocal Enforcement of Support Act (URESA).
The parties were divorced in 1970 and the appellant Richard Kampschaefer was ordered to pay $25.00 a week in child support. Sandra Kampschaefer initiated URE-SA proceedings in South Carolina in late 1984, and the action was filed in Jefferson District Court pursuant to KRS 407.250(1). The appellant asserted defenses to the complaint including the inability of the district court to award arrearages exceeding $2,500.00. The district court entered an order in February 1986 awarding $19,-975.00 in child support arrearages accumulated June 26, 1970, through February 10, 1986. The circuit court affirmed.
To determine whether the district court has jurisdiction to award child support arrearages in excess of its jurisdictional limit, several constitutional provisions
KRS 24A.120(1) and KRS 407.170 are in conflict when child support arrearag-es exceed $2,500.00 in a URESA action. KRS 24A.120(1) is the general civil jurisdiction statute of the district court, while KRS 407.170 is addressed specifically to jurisdiction in URESA actions. When two statutes concern the same subject matter, one generally and the other specifically, the specific statute prevails. Land v. Newsome, Ky., 614 S.W.2d 948" court="Ky." date_filed="1981-05-05" href="https://app.midpage.ai/document/land-v-newsome-1724234?utm_source=webapp" opinion_id="1724234">614 S.W.2d 948, 949 (1981); Cf. Ruth v. Robinson, 268 Ky. 843, 106 S.W.2d 91, 94 (1937). Therefore, KRS 407.170 controls and the district court may assert jurisdiction over a URESA action regardless of the amount of arrearages. This result is consistent with the view that a liberal interpretation is given statutes which purport to extend the jurisdiction of a court. 3A N. Singer, Sutherland Statutory Construction § 67.03 (G.D. Sands 4th ed. 1986).
KRS 407.170 grants the circuit court and district court concurrent jurisdiction over a URESA action irrespective of the amount of child support arrearages sought in the complaint. The district court therefore has jurisdiction to enter a judgment in a URE-SA action in excess of $2,500.00. The circuit court judgment is affirmed.
MILLER, Judge, concurs.
HAYES, Judge, concurs and files a separate opinion.
Concurrence Opinion
concurring.
I concur and would merely add that the Kentucky Legislature obviously considers the enforcement of child support awards differently than the ordinary civil action as evidenced by its enactment of KRS 407.170. In many of these cases, time is of the essence and the litigant should be able to choose the most readily available forum, be it district or circuit court.