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Covert v. Missouri Department of Social Services Family Support Division

Court of Appeals of Missouri, Eastern District, First Division

February 28, 2017

CHARLES S. COVERT, JR., Appellant,
v.
MISSOURI DEPARTMENT OF SOCIAL SERVICES, FAMILY SUPPORT DIVISION, and DEBRA I. COVERT, Respondents.

         Appeal from the Circuit Court of Lincoln County 13L6-CC00130 Honorable Gregory K. Allsberry

          Lisa P. Page, Judge.

         Charles S. Covert, Jr. ("Father") appeals from a grant of summary judgment in favor of Defendant Missouri Department of Social Services, Family Support Division ("FSD"), and a grant of dismissal in favor of Defendant Debra I. Covert (n.k.a. Farmanian) ("Mother"). We affirm.

         BACKGROUND

         Mother and Father were married in California and had one child, C.S.C. They divorced in 1989 and a California court entered a dissolution judgment (the "1989 California Judgment") ordering, inter alia, Father pay $449 for spousal support and $318 in child support for C.S.C, then 1 year of age. Subsequently, Father moved to Missouri and Mother remained in California with C.S.C.

         Thereafter, the State of California requested the State of Missouri enforce and collect on Father's financial obligations to Mother, and Missouri accordingly commenced administrative proceedings. In May 2002, with proper notice to Father, FSD entered an Administrative Order on Existing Order ("2002 Administrative Order"), which reads in pertinent part:

         Findings of Fact

         Based on the records of [FSD], the [FSD] Director finds that:

1.The SUPERIOR Court of RIVERSIDE, state of CALIFORNIA, entered a support order under the number D79897 on 06-22-1989, under which [Father] is required to provide support for his/her spouse and former spouse and/or child(ren). The child(ren)'s names and dates of birth are:
Name Date of Birth
[C.S.C.] 04/20/88
2. According to the above-referenced support order, [Father] is required to pay:
$318.00 MONTHLY for child support PER CHILD;
$449.00 MONTHLY for spousal support (maintenance);
3.As of 01-23-2002, [Father] owes the following balances under the order, not including interest:
$3, 426.81 for past-due child support;
$8, 930.00 for past-due spousal support;
$12, 356.81 total arrearage balance.
5. Since the above-mentioned support order was ...

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