Summary
The Alabama Supreme Court denied B.H.'s petition for a writ of certiorari challenging child-support orders entered by a juvenile court in dependency proceedings. The court held, in a special concurrence, that the juvenile court could order support payable to the Department of Human Resources under Ala. Code § 12-15-314(e), notwithstanding an earlier divorce judgment addressing support between the parents. The chief justice dissented, reasoning that the juvenile court improperly modified the circuit court's existing child-support determination.
Topics
Practice areas
Questions Presented
- Whether the juvenile court could order the mother to pay child support to DHR in a later dependency proceeding despite the circuit court's prior divorce judgment addressing the mother's child-support obligation.
- Whether the juvenile court's exclusive original jurisdiction over dependency proceedings under Ala. Code § 12-15-114 included jurisdiction to establish child-support obligations payable to DHR under Ala. Code § 12-15-314(e).
Key quotations
“I see no modification to the 2008 divorce judgment by the juvenile court's action” (161 So. 3d at 1224)
“The juvenile court, not the circuit court in a divorce action, has "exclusive original jurisdiction" to determine dependency actions” (161 So. 3d at 1225)
“A juvenile court is a lower court to a circuit court and, as such, even with exclusive original jurisdiction over dependency actions, has no authority to order a parent to pay child support the circuit court has ordered the parent not to pay.” (161 So. 3d at 1228)
Factual background
B.H. and M.H. adopted three children and divorced in 2008. The divorce judgment awarded the father sole custody and did not require the mother to pay child support. In 2012, DHR initiated dependency proceedings, the children were adjudicated dependent, and custody was transferred to DHR. The juvenile court then ordered both parents to pay child support to DHR under Ala. Code § 12-15-314(e).
Procedural history
The Tuscaloosa Circuit Court's 2008 divorce judgment awarded the father sole custody and did not require the mother to pay child support to the father. In later dependency proceedings, the Tuscaloosa Juvenile Court placed the children in DHR custody and ordered both parents to pay child support to DHR. The Court of Civil Appeals affirmed, and the Supreme Court denied B.H.'s certiorari petition without an opinion; Justice Shaw concurred specially and Chief Justice Moore and Justice Parker dissented.