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Doody v. State5/11/1999
The Missouri Department of Social Services, Division of Child Support Enforcement ("Division") appeals from the circuit court's order denying the Division's motion to dismiss, setting aside the Division's child support modification order, and modifying the original child support order. The Division raises three points on appeal. The first point on appeal is that the trial court erred in denying the Division's motion to dismiss Respondent Patrick W. Doody's petition for judicial review for lack of subject matter jurisdiction because Doody's failure to appear at the administrative hearing constitutes a failure to exhaust administrative remedies. The second point on appeal is that the trial court erred in allowing Doody to testify and introduce evidence at the hearing because section 536.140 allows a reviewing court in a judicial review to consider only the case upon the petition and filed record. The third point on appeal is that the trial court erred in setting aside the administrative modification of Doody's child support amount because the Division was within its jurisdiction, supported by competent and substantial evidence, and was not arbitrary, capricious or unreasonable considering the evidence and all reasonable inferences in a light most favorable to the Division's findings.
We reverse and remand.
Facts
On March 15, 1994, the Circuit Court of Vernon County entered a finding of paternity and order of child support establishing that Patrick Doody is the natural father of Levi Coe Derry. Doody was ordered to pay $100.00 per month in child support to the custodial parent, Lea Ann Derry. On March 6, 1997, the Division completed a motion to modify, proposing to increase Doody's child support obligation to $426.00 per month. The Division mailed the motion to modify to Doody's address. On March 31, 1997, Doody requested an administrative hearing. On May 31, 1997, the Division sent Doody notice that an administrative hearing was scheduled for July 18, 1997.
On July 18, 1997, at 2:00 p.m., the administrative hearing officer unsuccessfully attempted to reach Doody by telephone. The decision of the Division notes that notice of the hearing was mailed to Doody's last known address and was not returned as undeliverable. The hearing officer reviewed evidence presented by the child support technician. The hearing officer completed a Form 14 in which Doody was determined to have a monthly income of $2,600.00, from which he was given adjustments of $300.00 for other child support payments he makes and $465.00 for other children in his primary physical custody, leaving Doody with an adjusted gross income of $1,835.00. Lea Ann Derry is an unemployed public assistance recipient and was imputed full-time minimum wage income of $823.00 per month, from which an adjustment of $110.00 was allowed for other children in her primary care. The Division calculated that the combined adjusted income was $2,548.00, leading to a presumed child support amount of $458.00 applying the schedule of basic child support obligations chart. Doody's proportionate share was calculated to be 72.02 percent, or $329.84, rounded to $330.00. The administrative decision and order was signed by the hearing officer on July 29, 1997.
Doody filed a petition for judicial review in the Circuit Court of Vernon County on September 4, 1997. The petition argued that the Division incorrectly calculated his income. The Division filed a motion to dismiss for failure to exhaust administrative remedies on September 24, 1997. The motion to dismiss argued that the circuit court lacked subject matter jurisdiction to hear Doody's petition due to his default at the administrative hearing. Vernon County Circu
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