All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative. NO. COA04-1066 NORTH CAROLINA COURT OF APPEALS Filed: 20 December 2005 N.C. DEPARTMENT OF HEALTH AND HUMAN SERVICES Ex. Rel. AUDREY F. JONES, Plaintiff, v . MICHAEL P. JONES, Defendant. Avery County No. 95 CVD 290 Appeal by plaintiff from order entered 13 May 2004 by Judge Alexander Lyerly in Avery County District Court. Heard in the Court of Appeals 14 April 2005. Attorney General Roy Cooper, by Special Deputy Attorney General Gerald K. Robbins, for the State. Joseph W. Seegers for defendant-appellee. GEER, Judge. The North Carolina Department of Health and Human Services ("DHHS"), on behalf of Audrey F. Jones, appeals from an order of the trial court dismissing a petition to enforce a child support order entered in the State of Florida and registered in North Carolina. We reverse and remand for further proceedings because the Florida order is still valid, has not been lawfully superceded, and must be afforded full faith and credit, at least with respect to past-due child support owed under that order. Facts Michael Jones and Audrey Jones divorced in Florida in 1994. They had five children. The Marion County Circuit Court of Florida entered a Final Judgment and Dissolution of Marriage on 26 September 1994 ("the 1994 Florida order") that provided for childcustody, child support, alimony, and equitable distribution of property. Mr. Jones was given custody of three of the children, while Ms. Jones received custody of the other two children. The 1994 Florida order also ordered Mr. Jones to "pay child support to [Ms. Jones] for the minor children in her care in the amount of $500.00 per month." On 12 July 1995, the State of Florida filed a petition in Avery County, North Carolina, naming Mr. Jones as the respondent and requesting (1) the establishment of an order under the Uniform Reciprocal Enforcement of Support Act ("URESA") for child support, medical coverage, and other unspecified costs and (2) the collection of arrears under URESA. Following a hearing on 25 October 1995, the district court entered an order on 12 December 1995 ("the 1995 North Carolina order") addressing the request for "establishment of an order for child support, medical coverage and 'other costs', as well as collection of arrearage in the amount of $2,087.00." After applying the North Carolina Child Support Guidelines to the parties' incomes, the district court found "that [Ms. Jones] would in fact owe [Mr. Jones] child support" and, therefore, concluded that "[Mr. Jones] shall not be required to pay child support to [Ms. Jones]." With respect to arrearages, the court observed that the 1994 Florida order establishing the amount of arrearages was on appeal and determined that resolution of the question of arrearages should be held in abeyance until after the Florida Court of Appeals ruled on the appeal. On 5 March 1997, Mr. Jones filed a motion requesting that the district court address the arrearages issues. In its order filed on 26 March 1997 ("the 1997 North Carolina order"), the district court noted that the 1994 Florida order finding arrearages of $2,087.00 had been affirmed on appeal, but ruled that Mr. Jones was entitled to a set off in the amount of $4,591.44 _ the amount that Ms. Jones owed Mr. Jones for payment of medical and dental expenses. On 19 August 2003, the State of Florida, on behalf of Ms. Jones, filed a Notice of Registration of Foreign Support Order in Avery County District Court, stating that the 1994 Florida order was being registered for enforcement. The Notice indicated that Mr. Jones owed $51,520.77 in arrearages as of 29 July 2003. On 6 January 2004, the district court entered an order confirming the registration based in part on the representation of Mr. Jones' counsel that he did not contest the registration. The order directed that Ms. Jones recover from Mr. Jones arrears in the amount of $51,570.20 and that Mr. Jones begin making payments toward the arrears in the amount of $500.00 each month. On 20 February 2004, the court issued an order directing Mr. Jones to appear and show cause for his failure to comply with the 6 January 2004 order. Subsequently, on 3 March 2004, the district court entered an amended order confirming registration, but noting that while defendant did not contest registration, he did intend to contest the enforcement of the 1994 Florida order. The court found that defense counsel had not been given an opportunity to review the 6 January 2004 order and that the order granted more relief than defense counsel had consented to in open court. The court re- confirmed registration of the 1994 Florida order, but provided that issues of enforcement, modification, wage withholding, and arrears would be determined at a subsequent hearing. Prior to that hearing, Mr. Jones filed a response to the request for enforcement, seeking dismissal of that request. After a hearing on 23 April 2004, the Avery County district court, on 13 May 2004, filed an order ("the 2004 North Carolina order") dismissing DHHS' request for enforcement on the grounds that DHHS/Ms. Jones did not appeal the1995 North Carolina order or the 1997 North Carolina order. DHHS has filed a timely appeal from the 2004 North Carolina order. Discussion In determining the validity and effect of the 1994 Florida order and the 1995 North Carolina order, we must apply the law in effect at that time: URESA, N.C. Gen. Stat. §§ 52A-1 et seq. (1994) (repealed 1996). See New Hanover County v. Kilbourne, 157 N.C. App. 239, 244, 578 S.E.2d 610, 614 (2003) ("URESA is still applicable to determine the validity of an order originally entered when URESA was in effect . . . ."). Under URESA, a party who had obtained a child support order in another state had two options ifthe child support payor was residing in North Carolina: (1) the party could seek establishment of a de novo order for child support or (2) the party could seek registration of his or her foreign support order. Following the filing of a complaint
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