The advance release opinion in this Connecticut appeal (Dumbauld v. Dumbauld) confirms that pendente lite…
Issuing State’s Law Governs Child Support Duration
The issuing state’s law governs child support duration where a party seeks to modify the child support order in another state. The Connecticut Supreme Court reached this conclusion in Studer v. Studer to be officially released on February 23, 2016.
In this Connecticut appeal, plaintiff and defendant were divorced in Florida in 2002. The Florida judgment “provided that the defendant would pay child support until the child ‘reaches the age of [eighteen], become[s] emancipated, marries, dies, or otherwise becomes self-supporting’ or ‘until [the] age [of nineteen] or graduation from high school whichever occurs first, if a child reaches the age of [eighteen] and is still in high school and reasonably expected to graduate prior to the age of [nineteen].’ Both parties were aware that the child was autistic at the time of the dissolution and the Florida judgment specifically referenced the child’s condition.”
The parties and the child moved to Connecticut. In 2003, defendant domesticated the Florida judgment in Connecticut and moved to modify child support and alimony. The Connecticut court granted the motion.
In 2010, plaintiff moved for postmajority support, claiming that the child would not graduate from high school until after her 21st birthday because of her autism. “Applying Florida law, the [Connecticut] court granted the plaintiff’s motion for postmajority support and ordered the defendant to continue paying child support until the child’s high school graduation ….”
In 2013, before the child graduated from high school, plaintiff moved to extend child support indefinitely beyond the child’s high school graduation. “The trial court concluded that under General Statutes § 46b-71, Florida law controlled the duration of the defendant’s child support obligation and ordered the defendant to pay child support indefinitely.”
Defendant appealed. The Connecticut Supreme Court affirmed.
Defendant’s Main Argument on Appeal
Florida allows postmajority support in cases like this; Connecticut law does not. Defendant’s main argument was that the 2010 postmajority support order, issued by the Connecticut court, became the operative support order rendering all further support considerations subject to Connecticut law.
Supreme Court Concludes Issuing State’s Law Governs Child Support Duration
The Supreme Court thoroughly discussed all of the arguments and counter-arguments but to me the decision came down to one simple thing: The Uniform Interstate Family Support Act provides that the issuing state’s law governs child support duration. More specifically, one section of the act, CGS §46b-213q(d), “provides in relevant part: ‘In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. . . ‘” (Supreme Court’s emphasis).
The term ‘‘initial controlling order’’ is not defined in § 46b-213q, nor is it defined in the provision setting forth the definitions used within the act, General Statutes (Rev. to 2013) § 46b-212a. ‘‘In the absence of a definition of terms in the statute itself, [w]e may presume . . . that the legis- lature intended [a word] to have its ordinary meaning in the English language, as gleaned from the context of its use. . . . Under such circumstances, it is appropriate to look to the common understanding of the term as expressed in a dictionary.’’
The court considered a number of dictionary definitions of “initial.” The court concluded: “Using the definition of ‘initial’ indicates that the legislature and the drafters of the uniform act intended for the first state that issues a child support order to control the duration of the child support obligation.”
Accordingly, because it is undisputed that the Florida judgment was rendered before any of the Connecticut orders, the initial controlling order in the present case is the Florida judgment and, therefore, Florida law governs the duration of the defendant’s child support obligation. Furthermore, the parties in the present case do not dispute that Florida law provides for support for adult disabled children.
In reaching this conclusion, the court quoted a Washington Supreme Court decision, as follows: “Child support orders are frequently modified as children grow older or when circumstances change. . . . If the [uniform act] ceased to apply after the first modification, the reference to the state that issued the initial controlling order would be superfluous.’’
The court also noted that if “initial controlling order” did not refer to the first child support order issued in the case, there would be incentive to forum shop, which is something the Act was intended to prevent.
Other Things to Note
In footnote 8, the court noted that at oral argument plaintiff agreed that the Uniform Interstate Family Support Act applied and CGS § 46b-71 did not. For this reason, the court didn’t consider § 46b-71.
About the Photo
I’ve used it before. Seems appropriate for child support and custody issues.
