Bjugan v. Bjugan , 1985 Wyo. LEXIS 632 ( 1985 )

THOMAS, Chief Justice,

specially concurring.

I concur in the result which is reached by the majority opinion in this case. I am not, however, satisfied that this is the case in which to treat with the problem of whether child support obligations which have not been paid are subject to modification as are future child support payments. Because we hold that the modification was not accomplished by the trial court in this case on the ground that no notice was furnished to the obligee, I am convinced we should await a case in which we find that a modification was accomplished by a district court order before we treat with the propriety of modifying child support payments that are in arrears.

I would construe the provisions of § 20-4-136, W.S.1977, in a different fashion than does the majority of the court. I would hold that the thrust of these statutory provisions is to give to the original Iowa decree, registered and confirmed as a foreign support order, substantially the same effect that this court afforded the New Jersey judgment for a fixed sum of money in Salmeri v. Salmeri, Wyo., 554 P.2d 1244 (1976). The statutory language of § 20-4-136(c), W.S.1977, is: “At the hearing to enforce the registered support order the obligor may present only matters that would be available to him as defenses in an action to enforce a foreign money judgment.” In Salmeri v. Salmeri, supra, at 554 P.2d 1248, this court said:

“If, then, we are to give full faith and credit to that judgment we must hold that it is not subject to attack in this state except on grounds that would permit attack upon any other money judgment, such as want of jurisdiction in the court entering the judgment or lack of service so as to vest jurisdiction over the defendant.” (Emphasis added.)

The effect of both our statute and our precedent is to foreclose the modification of the unpaid child support obligation in an instance such as this.

Lastly, it seems to me that we need to further consider the effect of the filing of the later Iowa judgment which reduced the arrearage of child support payments to a money judgment of $3,967.98. We, in effect, have set aside the judgment of the District Court of the First Judicial District which purported to modify the Iowa support decree, and upon which the district judge relied in concluding that the filing of the foreign money judgment was of no efficacy because it was contrary to his order. Since the modification order has been set aside, it would be my judgment that now the Iowa judgment for $3,967.98 must be recognized in Wyoming, in accordance with Salmeri v. Salmeri, supra, and that the holding of that precedent is sound to the effect that whatever it may do with respect to future child support the Wyoming court is without authority after this reversal to modify that Iowa money judgment.