“Quote Unquote”
January 3, 2014 § 1 Comment
Voices lost forever in 2013 …
“A man who takes away another man’s freedom is a prisoner of hatred, he is locked behind the bars of prejudice and narrow-mindedness. I am not truly free if I am taking away someone else’s freedom, just as surely as I am not free when my freedom is taken from me. The oppressed and the oppressor alike are robbed of their humanity.” — Nelson Mandela
“In university they don’t tell you that the greater part of the law is learning to tolerate fools.” — Doris Lessing
“We shall have to learn again to be one nation, or one day we shall be no nation.” — Margaret Thatcher
“It always bothers me to see people writing ‘RIP’ when a person dies. It just feels so insincere and like a cop-out. To me, ‘RIP’ is the microwave dinner of posthumous honors.” — Lou Reed
“I believe empathy is the most essential quality of civilization.” — Roger Ebert
“History says don’t hope
On this side of the grave.
But then, once in a lifetime
The longed for tidal wave
Of justice can rise up
And hope and history rhyme.” — Seamus Heaney
“Mr. Jesus died for the bigots as well.” — Rev. Will Campbell
“I couldn’t wait for success, so I went ahead without it.” — Jonathan Winters
“We control fifty percent of a relationship. We influence one hundred percent of it.” — Dr. Joyce Brothers
A Due Process Wrinkle for Child Support
January 2, 2014 § Leave a comment
Helping a client collect past-due child support can be devilishly difficult, particularly when the obligated parent disappears, or tries to.
If you will look at MCA 93-11-65(5) and (7), you may find some help.
MCA 93-11-65(5) mirrors UCCR 8.06 in its requirement that both parties in cases involving minor children must keep each other and the court informed of the party’s residence address and telephone number. It goes further, however, for child support cases, and requires that both parties notify each other and the court and the state child support registry of the party’s ” … location and identity, including social security number, residdential and mailing addresses, telephone numbers, photograph, driver’s license number, and name, address and telephone number of the party’s employer.” The information is required upon entry of an order or within five days of a change of address. [Note: Although the statute specifically refers to change of address, it would seem that a court order could direct updating on change of any particular].
Applying the foregoing, you will do your child support client a great service by making sure that the above language is in every child support order you submit to the court, and that you make sure that the appropriate information on both parties is filed as required, including with the state registry, as directed in the statute.
Why go to that trouble?
Well, that’s where MCA 93-11-65(7) comes in. It provides that “In any subsequent child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of a party, due process requirements for notice and service of process shall be deemed to be met with respect to the party upon delivery of written notice to the most recent residential or employer address filed with the state case registry.”
So, after diligent search and inquiry to locate the slacker, you issue process to his or her last reported residence address or employer, and — Volia! — you have personal jurisdiction under the statute. Note the language “filed with the state case registry.” That’s a key component. You must have seen to it that the info was filed with the state registry.
The case registry is provided for in MCA 43-19-31(l)(ii) [that’s lowercase L], and is to be maintained by DHS.
To be honest, I have yet to see anyone avail themselves of this procedure. If you have had experience with it, I would welcome your comments. It seems to me to be quite advantageous to private parties trying to enforce child support obligations
The Better Chancery Practice Blog 