Ex parte M.D.C. (In re M.D.C. v. K.D.)

Summary

The Supreme Court of Alabama considered whether termination of a parent's parental rights under the Alabama Child Protection Act automatically extinguishes the parent's obligation to pay child support. The court held that termination of parental rights does not, by itself, terminate the child-support obligation, distinguishing parental rights from parental responsibilities and recognizing the child's continuing right to support. The case arose from a contempt proceeding concerning $16,730 in child-support arrears and accrued interest.

Holdings

1. Involuntary termination of a parent's rights to a child does not, by operation of law, extinguish the parent's responsibility to pay child support established by a prior judgment.
2. A termination-of-parental-rights judgment entered by a juvenile court cannot itself terminate a child-support obligation previously entered in a divorce proceeding; the circuit court that entered the support order retains exclusive continuing jurisdiction to modify it.

Questions Presented

1. Whether involuntary termination of a parent's parental rights under the Alabama Child Protection Act automatically terminates that parent's preexisting obligation to pay child support.
2. Whether a juvenile court's termination-of-parental-rights judgment can terminate or modify a child-support obligation previously entered by a circuit court in a divorce proceeding.

Disposition

reversed_and_remanded