State v. Belfield
Docket: No. 91-C-0240
Court: Louisiana Court of Appeal; April 23, 1991; Louisiana; State Appellate Court
Relator argues that Juvenile Court has exclusive jurisdiction over juvenile nonsupport issues, but the court disagrees. David Belfield acknowledged paternity of Tiffany Williams in 1982 and was later deemed her biological father in a 1989 Domestic Relations Section judgment, which awarded custody to her mother, Hattie Williams. The Office of Family Security pursued paternity and child support, resulting in a contempt ruling against Belfield for nonpayment in 1990, which included an income assignment. Belfield contested the district court's jurisdiction, claiming it belonged to Juvenile Court, but his exception was overruled. The court cited relevant Louisiana constitutional provisions and statutes, affirming that the Domestic Relations Section holds exclusive jurisdiction over child support cases. In contrast, Juvenile Court jurisdiction pertains to cases involving child neglect or refusal to provide necessary support, as defined in separate statutes. The legislature's grant of exclusive jurisdiction over nonsupport cases to two courts can be clarified through existing case law. Juvenile Court handles nonsupport cases involving criminal or quasi-criminal neglect of children, while purely civil nonsupport cases may fall under district court jurisdiction. In Lulich v. Lulich, the district court's award of custody to an institution was deemed beyond its jurisdiction because it required a finding of child neglect or abuse, which is exclusively addressed by juvenile court. Conversely, in O’Brien v. Shepley, the Fifth Circuit upheld district court jurisdiction over visitation issues involving grandparents, emphasizing that juvenile courts have exclusive jurisdiction in neglect cases involving state participation. Concurrent jurisdiction exists in some custody-related cases between district and juvenile courts. Vosbein v. Vosbein clarified that civil and criminal jurisdictions regarding child support are distinct and independent, with civil courts addressing parental rights and obligations while criminal courts handle violations of support laws. In this case, Belfield failed to demonstrate that the nonsupport proceedings were based on criminal neglect, and the involvement of the state was linked to a request for welfare aid rather than criminal proceedings, leading to the affirmation of the district court's judgment.