State v. Laflamme

327 So.3d 999

State of Louisiana, DEPARTMENT OF CHILDREN AND FAMILY SERVICES

v.April Calais LAFLAMME and Jeff Christopher Laflamme

NO. 2020 CA 1299

Court of Appeal of Louisiana, First Circuit.

Judgment Rendered: JUNE 04, 2021

Mary T. Strahan, Tammy B. Keaton, Leanne Kimble, Covington, LA, Attorneys for Plaintiff-Appellee, State of Louisiana, Department of Children and Family Services

Amy C. Cowley, Mark J. Mansfield, Covington, LA, Attorney for Defendant-Appellant, Jeff Christopher Laflamme

April Calais Laflamme, Madisonville, LA, Defendant-Appellee, In Proper Person

BEFORE: THERIOT, WOLFE, AND HESTER, JJ.

HESTER, J.

In this child support matter, the father appeals a judgment of the district court that modified a child support order issued in another state under the Uniform Interstate Family Support Act (UIFSA). For the following reasons, we vacate a portion of the judgment but otherwise affirm the judgment.

FACTS AND PROCEDURAL HISTORY

April Laflamme and Jeff Laflamme were married on April 29, 2000, and had two children, Jacques born April 11, 2001 and Phillippe born January 12, 2004. On January 6, 2006, they divorced pursuant to a judgment signed by the Superior Court of New Jersey-Chancery Division. On May 6, 2014, in a second judgment signed by the New Jersey court, Jeff was ordered to pay child support in the amount of $659.00 per week until the children moved to the New Orleans area at which time Jeff's child support would be modified to $550.00 per week. On August 7, 2017, Jeff's child support obligation was adjusted by the New Jersey court for a cost of living increase to $563.00 per week.

Ultimately, April and the children moved to Louisiana, and Jeff moved to Texas. While in Texas, Jeff requested that the Texas Office of the Attorney General Child Support Division review his child support order. At the request of the State of Texas, on October 16, 2019, an assistant district attorney for the State of Louisiana requested that the New Jersey child support order be registered for modification in the State of Louisiana in accordance with La. Ch. Code arts. 1306.2 and 1306.9. The child support order was registered in the 22nd Judicial District Court in St. Tammany Parish.

On October 23, 2019, the State of Louisiana, Department of Children and Family Services through the district attorney's office filed a "Modification Rule to Review and Set Child Support" naming as defendants April as the obligee and Jeff as the obligor. In its rule, the State alleged that since the August 7, 2017 child support order rendered in New Jersey, there has been a substantial change in circumstances because of the emancipation of a minor child. The State requested the defendants to show cause why the child support order should not be reviewed and set at the proper amount specified under La. R.S. 9:315 et. seq. A hearing officer for the district court initially heard the matter. The hearing officer noted that the oldest child was no longer in school and recommended that the child support order be modified to $1523.00 per month to be paid by Jeff to April beginning January 1, 2020.¹

On January 15, 2020, April objected to the hearing officer's recommendations, contending that New Jersey provides for child support until 23 years of age as long as the child is enrolled in college, and that their oldest son, Jacques, was registering for college at Southeastern. A hearing on April's objection was originally set for March 2020, but was delayed because of the public emergency declared by the Louisiana Governor in response to COVID-19. The matter was heard on June 26, 2020, via ZOOM teleconferencing. During the hearing, April acknowledged that Jacques was not in college. She stated that he planned to go to Southeastern in the fall.

After the hearing, the district court signed a judgment on July 1, 2020, granting an exception to the hearing officer's findings in part, establishing child support for Philippe in the amount of $1523.00 per month, calculated using Louisiana law, and stating, "[t]he duration of the order is governed by New Jersey law. Oldest child not included in computation as he is not enrolled in college. If child enrolls in college, the custodial parent may seek a modification of the order at that time." It is from this judgment that Jeff appeals, contending that the district court erred by including this order in the judgment because it applied both Louisiana and New Jersey law to determine child support. In the alternative, Jeff contends that if New Jersey law does apply, it does not provide the relief as suggested by the district court.

LAW AND ANALYSIS

The Uniform Interstate Family Support Act (UIFSA), which has been adopted by all states, including Louisiana, governs the procedures for establishing, enforcing and modifying child support orders when more than one state is involved. Louisiana has codified the UIFSA in La. Ch. Code art. 1301.1 et seq. Relevant herein is La. Ch. Code art. 1306.11 which pertinently provides as follows:

A. If Article 1306.13 does not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:

(1) The following requirements are met:

(a) Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state.

(b) A petitioner who is a nonresident of this state seeks modification; and

(c) The respondent is subject to the personal jurisdiction of the tribunal of this state; or

(2) This state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.

B. Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

C. A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under Article 1302.7 establishes the aspects of the support order which are nonmodifiable.

D. In a proceeding to modify a child support order, the law of the state that is determined to have issued the controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.

(Emphasis added.)

Louisiana Children's Code article 1306.11 grants Louisiana the authority to modify a child support order from another state that is registered in Louisiana when neither the child, obligee, nor obligor reside in the issuing state; the petitioner seeking a modification is a nonresident; and the respondent is subject to the personal jurisdiction of the state. The modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a Louisiana court. La. Ch. Code art. 1306.11(B).

Herein, the New Jersey order was registered in Louisiana, neither the parents nor the children reside in New Jersey, Jeff...