Superior Court of California Ex Rel. Jones v. Ricketts

HOLLANDER, J. This procedural quagmire is rooted in a 1991 California paternity judgment (the “Paternity Judgment”), obtained by default, and a 1998 California child support judgment (the “Child Support Judgment”), also obtained by default. Both judgments were issued by the Superior Court of California, ²⁸⁹ County of Stanislaus, Family Support Division O/B/O Joeann Jones, appellant, against Scott Ricketts, appellee. The 1998 Child Support Judgment required Ricketts to pay monthly child support of $370 plus arrearages of over $10,000 for Scott Ricketts, Jr., who was bom to Ms. Jones in California on July 24, 1991. 1 Thereafter, in February 1999, pursuant to the Uniform Interstate Family Support Act (“UIFSA”), Maryland Code (1999 Repl.Vol.), §§ 10-301 et. seq. of the Family Law Article (“F.L.”), and the Full Faith and Credit Clause, embodied in Art. IV, § 1 of the United States Constitution, appellant initiated proceedings in the Circuit Court for Carroll County to register and enforce the 1998 Child Support Judgment. In the court below, Ricketts challenged the registration of the Child Support Judgment. 2 Thereafter, on February 1, 2002, the circuit court vacated the registration of the Child Support Judgment, finding, inter alia, that appellee was not afforded an opportunity to be heard in California.

This appeal followed, 3 in which appellant poses one question: Did the circuit court violate the United States Constitution and federal and Maryland law by refusing to accord full faith and credit to a properly certified California child support judgment when the record contained no evidence to satisfy the contesting party’s burden of overcoming the strong presumption that an out-of-state child support judgment is valid and enforceable? For the reasons stated below, we shall affirm. ²⁹⁰ FACTUAL AND PROCEDURAL SUMMARY In 1990, appellee lived in Maryland with his girlfriend, Joeann Ortiz, now known as Joeann Jones. In August of that year, the couple moved to California. On November 14, 1990, appellee returned to Maryland.

The next day, Ms. Jones told appellee that she was pregnant with his child. On July 24, 1991, Scott Ricketts, Jr. was born to Ms. Jones in California. On May 6, 1991, during Ms. Jones’s pregnancy, the County of Stanislaus, “on behalf of UNBORN CHILD,” filed suit against appellee in the California Superior Court, seeking to establish paternity of the unborn child; to obtain reimbursement for public assistance provided to Ms. Jones; and to obtain child support. The complaint alleged, inter alia, that “the natural mother, Joeann Alice Ortiz, and the defendant, Scott Al[a]n Ricketts, had sexual relations with each other which resulted in the conception.... ” .

The paternity suit was served on appellee in Maryland on May 11,1991. The suit included a document titled “Notice To Defendant,” which contained the following information: You have 30 CALENDAR DAYS after this summons is served on you to file a typewritten response at this court. A letter or phone call will not protect you; your typewritten response must be in proper legal form if you want the court to hear your case. If you do not file your response on time, you may lose the case, and your wages, money and property may be taken without further warning from the court.

There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in'the phone book). The Notice also included the address of the Superior Court in Modesto as well as the name, address, and. telephone of Donald N. Stahl, District Attorney, County of Stanislaus.

On May 29, 1991, eighteen days after service of the paternity suit, Ricketts, pro se, signed a “Motion to Dismiss For Lack ²⁹¹ Of Jurisdiction,” contending that he and Ms. Jones “are residents of the State of Maryland and not of the State of California.” In addition, Ricketts attached a “Certificate of Mailing” to his motion, indicating that he mailed a copy to Stahl. Further, Jack D. Leonard, II, Esquire, a Maryland lawyer, signed a cover letter, dated May 29, 1991, and sent the Motion to the Clerk of the Superior Court of California “for filing.” According to the cover letter, the motion was mailed to the exact address in Modesto that was provided by the Superior Court. On or about June 10, 1991, the Clerk of the Superior Court apparently returned the motion to dismiss to Ricketts, in care of Leonard. The Clerk included a handwritten note, stating: “Notice must be served on DA; [unreadable] must be signed before a Notary; Motion must be set for hearing or perhaps DA will sign a Stipulation for dismissal.” However, there is no evidence in the record contradicting Ricketts’s certificate of mailing, in which he said he mailed a copy of his motion to the District Attorney.

In any event, on June 19, 1991, appellee, pro se, re-submitted his motion to dismiss. Again, Leonard prepared a cover letter, also dated June 19, 1991, indicating that the motion to dismiss was sent by certified mail to Stahl, the District Attorney. 4 In mailing the motion to Stahl, Leonard followed the Clerk’s directions. Appellee heard nothing further, despite the Clerk’s earlier indication that a hearing “must” be held. Appellant concedes in its brief that the first motion to dismiss “was timely [filed] and properly addressed to the ²⁹² Clerk of the Court, Superior Court of California in Modesto.” However, appellant claims “it was not verified as required.” With regard to the second motion, appellant concedes that it was “verified,” as required, but maintains that it “was not timely” filed.

We pause to observe that, by the time the Clerk contacted appellee on June 10, 1991, thirty days had elapsed from the time that appellee was served with the paternity suit. Therefore, it was impossible for appellee to timely file the revised motion. And, it is significant that the Notice did not advise appellee that, if he filed a motion, it had to be verified. Nor has appellant referred us to any legal authority demonstrating that appellee was, indeed, required to file a verified motion to dismiss.

On September 12,1991, a Stanislaus County Superior Court judge signed a default “Paternity Default Judgment And Order,” purportedly based on appellee’s “failure to appear or answer the complaint filed herein, or take any other proceedings within the time allowed by law....” Filed on September 16, 1991, the Paternity Judgment found that “the allegations set forth in the complaint are true and correct,” and declared appellee “the natural father” of an “unborn child, due to be bom August 8,1991.” Further, it stated, in part: Default in the above entitled action having been entered ... and evidence submitted by the plaintiff in their Request and Declaration for Default Judgment, and it appearing to the court that the default of the defendant for failure to appear or answer the complaint filed herein, or take any other proceedings within the time allowed by law has been duly and regularly entered, and the declaration of nonmilitary status having been filed, as provided by law, and evidence, having been introduced in support of the allegations contained in said plaintiffs complaint, and the defendant having been advised of his right to a court appointed attorney if he is indigent, and no request for appointment having been made, the court having duly considered the law and evidence, and it appearing to the court from the evi ²⁹³ dence that all of the allegations contained in the complaint are true.... The record does not contain any evidence relied upon by the California court “in support of the allegations” regarding paternity. Appellee did not seek to vacate or challenge the Default Judgment under Cal.Civ.Proc.Code §. 473.5 (2003). In the meantime, on or about May 30, 1991, appellee received a “Voluntary Child Support/Contribution Form” from the South Carolina Department of Social Services.

Appellee was asked if he had made any contributions to Ms. Ortiz for the months of February, March, and April 1991, and the inquiry indicated that Ms. Ortiz lived in Conway, South Carolina. In response, Leonard wrote to the Horry County Department of Social Services in Conway on June 11, 1991, stating: “It amazes me how this woman is qualified to receive benefits from you when she has been living in three different states in the past six months and has filed claims in California and with you for support against my client.” Appellee never heard anything further from South Carolina. On December 19, 1997, James Brazelton, then the District Attorney for the County of Stanislaus, filed in the Superior Court of California a “Complaint Regarding Parental Obligations,” seeking child support for Scott Ricketts, Jr., in the amount of $3700, dating from January 1996, when “public assistance [was] first paid.” According to appellant, Ricketts “was served in Maryland,” although the date of service is unclear. A blank Answer form (Form 1299.04) was included with the Complaint. 5 The front of the Complaint stated, in part: ...

This lawsuit says you are the parent of each child named in this complaint and that you must pay child support. The attached proposed Judgment Regarding Parental Obligations (Form 1299.12) names you as a parent of each child listed below and if there is an amount stated in ²⁹⁴ paragraph 6, orders you to pay support for these children. If you disagree with the proposed judgment, you must file the attached Answer form until the Court Clerk uñthin 30 days of the date that you were served with this complaint. If you do not file an Answér, the proposed judgment will become final and payments may be taken from your pay or other property without further notice.

See the attached statement of your rights and responsibilities for more information. (Emphasis added). Page three of the Complaint is titled “STATEMENT OF RIGHTS AND RESPONSIBILITIES.” Among other things, it informed appellee of his right to a hearing, his right to contest paternity, and his right to a paternity blood test. Further, the Complaint stated: NOTICE TO THE PARENT ASKED TO PAY SUPPORT (OBLIGOR) The district attorney has sued you to determine whether you are the parent and must pay child support....

Carefully read this statement and other papers which you received. If you dispute paternity you may ask the Stanislaus County Superior Court Clerk for “Sworn Statement by Defendant Requesting appointment of Counsel, Civil Paternity and Order.” * * * You may contact the district attorney to try to work out an agreement. However, you must still file an answer unthin 30 days---- * * ' * If you file your Answer, you have the right to a court hearing, to ask questions of any witness ¿gainst you, to subpoena witnesses, and to present evidence on your behalf. ... If you deny that you are the parent of the children, you may be scheduled for parentage blood tests.

If you ²⁹⁵ refuse to submit to the testing the court may determine that you are the parent anyway. (Emphasis added). A box outlined on page three of the Complaint contains the following text: The proposed judgment will be entered against you unless you file a written answer (Form 1299.04) with the court clerk within 30 days of the date you were served with the complaint. The proposed judgment will be entered whether or not you have a lawyer.

If you were served with a form telling you the date of a court hearing, you should go to court on that date. An order may be entered without your input if you do not show up for the hearing. As we observed, the Notice advised that appellee could contact the District Attorney “to try to work out an agreement.” Through counsel, that is what appellee attempted to do. On January 8, 1998, Leonard wrote to Brazelton, referencing Case No. 168022, captioned “County of Stanislaus v. Scott A. Ricketts,” stating that “his client” did “not admit” paternity and wanted a DNA test.

Further, Leonard wrote: I am in receipt of documents that were forwarded to my client, Scott A. Ricketts, regarding a child that is alleged to be his, namely, Scott Ricketts, Jr., date of birth 07/24/91. My client does not admit or agree that this child is his and would demand a DNA test to determine the issue of paternity. Please advise me as to the procedure you would follow in order to conduct this test. I would appreciate a response so we can have this matter resolved as soon as possible.

As appellant acknowledges, the District Attorney never responded to Leonard’s letter. Shortly thereafter, on January 31, 1998, appellee wrote to Brazelton, stating: I have received your documents claiming me as the father of the named child born on 7/24/91. I do not admit or agree that this child is mine and demand a DNA test to determine ²⁹⁶ parentage. Please advise me as to the procedure you would follow to conduct this test.

I would appreciate a response so we can have this issue resolved as soon as possible. I would also like to request a waiver of the $182.00 for the court cost due to the financial hardship it would cause me at this time. According to appellant, no enclosures or other documents were sent with appellee’s letter. The Answer form included a page titled “Information Sheet For Answer To Complaint,” labeled “page three of three.” It contained a page of instructions, including the following: Please follow these instructions to complete the Answer to Complaint or Supplemental Complaint Regarding Parental Obligations (form 1299.04) if you do not have an attorney to represent you.

Your attorney, if you have one, should complete this form. You must file the completed answer and attachments with the court clerk within 30 days of the date you received the Summons and Complaint (form 1299.01).... INSTRUCTIONS FOR COMPLETING THE ANSWER FORM.... * * * 2. You must request a genetic test to determine if you are the parent if you have checked a “no” box in answer to number 1 above....

H: Hi ❖ You must' date the answer form, print your name and sign the form under a penalty of perjury. When you sign the answer form, you are stating that the information you have provided is true and correct. (Emphasis added). It is undisputed that appellee attempted to complete the Answer form enclosed with the Complaint, although he did not request a hearing.

Appellee did not include the names of the parties or the case number on the form, which is undated, but he wrote the child’s name and date of birth on “page one of ²⁹⁷ three.” Item one of the form, “Parentage,” states: “I am the parent of the following children.” In response to that item, appellee checked the “No” box. Next to that line, appellee wrote the child’s name and added: “I would like proof of parentage of this child before I send additional personal information.” Box 4 states: “I disagree with the proposed judgment for the following reasons (specify):” Next to that box, appellee wrote: “I am willing to send more income information if parentage can be proven. I am requesting no information on my address, income etc. be given to the child’s mother.” Appellee also signed an “Income And Expense Declaration” on January 31, 1998. In it, Ricketts stated that he is an “Electronic Tech” with gross monthly earnings of $1360 and net disposable monthly income of $875.50.

Although the record is not clear as to when appellee returned the documents, the record includes a copy of a Return Receipt addressed to the Stanislaus County Court, which indicates that something was delivered to that court by certified mail on February 9, 1998. On April 30, 1998, appellant filed a First Amended Complaint Regarding Parental Obligations, which merely revised the amount of arrearages. Appellant sought $10,360, dating from 1996, as well as $370 in continuing monthly child support. On page three of the four-page document, the following text is highlighted by insertion in a box: “The proposed judgment will be entered against you unless you file a written answer (Form 1299.04) with the court clerk within 30 days of the date you were served with the complaint.” Ricketts did not file another Answer. 6 However, on June 7, 1998, Ricketts signed an Application for Waiver of Court Fees and Costs.

It contained, inter alia, his name and address, ²⁹⁸ telephone number, and Case No. 0168022. In addition, appellant completed the financial information form for the waiver. An unspecified item, mailed by appellee to the Stanislaus County court, was received on June 12,1998. The record does not contain any information as to a ruling on appellee’s waiver application.

Thereafter, on September 1, 1998, the California Superior Court, County of Stanislaus, entered a “Judgment Regarding Parental Obligations” against appellee. The record does not reflect that any court proceeding was scheduled or held in regard to the 1998 Child Support Judgment. The 1998 Child Support Judgment ordered appellee to pay $370 a month in child support, beginning May 1, 1998, based on “presumed income,” and $10,360 in arrears for “the past periods” of January 1996 through April 1998. The 1998 Child Support Judgment is a pre-printed form.

The first page states: “NOTICE—THIS IS A FINAL JUDGMENT: It is now legally binding.” The form further states: “This Matter Proceeded As Follows:” It also includes various boxes with accompanying text. The box was checked for the line indicating that the judgment was entered “pursuant to Welfare and Institutions Code § 11355.” 7 Two other boxes are also checked. The text for one states: “This order is based on presumed income for the obligor....” The text for the other states: “This order is based on the attached documents (specify).” The word “worksheet” is inserted. As noted, on February 26, 1999, appellant filed in the Circuit Court for Carroll County a Request for Registration of Foreign Support Order, seeking to enforce the 1998 Child Support Judgment.

According to appellant, certified’ copies of the 1998 Child Support Judgment and the 1991 Paternity Judgment were appended to the Request. ²⁹⁹ Appellee was personally served on April 20, 1999. On May 5, 1999, he completed, pro se, a pre-printed form titled “Request for Hearing On Registered Order.” In it, appellee wrote: “Paternity has not yet been established” and “DNA tests need to be performed.” After several postponements, the master held a hearing on January 12, 2000, 8 at which both parties were represented by counsel. At the outset, counsel for appellant referred to the matter as the “UIFSA Petition to Enforce California Orders.” He explained that there were “two operative Orders that we are concerned with.... ” One was the “Paternity Default Judgment” (Case No. 267113), “signed by the California Court on September 12, 1991____” The other, according to appellant’s lawyer, was the “California Child Support Order dated August 27th, 1998,” which was filed September 1, 1998, in case 168022. 9 Appellee’s attorney stated that he had initially advised his client to challenge the Paternity and Child Support judgments in California, “based on the failure of the [California] Court to properly pursue that case, and his Motions and pleadings that were filed in the case back in 1991 and in 1998 in California.” However, because appellee was unable to raise the necessary funds to contest the matter in California, his lawyer decided to “challenge this case in Carroll County based upon [F.L. §§ ] 10-344, 345, and 346.” By agreement with appellant, appellee’s attorney asked the court to register the Order and stay its enforcement pending a hearing to contest its validity. Appellee’s counsel said: “[W]e intend to ask California to agree to a blood test to challenge this.” ■ ³⁰⁰ Moreover, pursuant F.L. § 10-346, appellee posited “several defenses.” He claimed, “first and foremost,” that the California court “lacked personal jurisdiction when they entered the Paternity Judgment.” He also asserted that “this was possibly done under fraud,” because appellee “filed all the appropriate things that he had to file ... and that they just went ahead and did it anyway.” Further, claiming that Ms. Jones “admitted she had been seeing other people,” appellee claimed that, under the law of Maryland, he was entitled to a blood test to determine paternity.

Appellee’s counsel added: What we’re believing is that once, and hopefully this case is stayed, or the enforcement is stayed, with a recommendation of blood tests being done, that California will then agree to the blood test.... [W]e cannot make California do anything in this case because they have original exclusive jurisdiction. But it is our hope that they will go along with this, given the problems, especially if Maryland, specifically Carroll County, will refuse to enforce this Order based upon what’s being presented to the Court. The following colloquy is illuminating: ■ [ASSISTANT STATE’S ATTORNEY]: I’d like to ask if— we can do this better informally—if [appellee’s attorney] can tell us at what point Mr. Ricketts ever received a copy of the 1990—September 12th, 1991 Default judgment of Paternity. [APPELLEE’S COUNSEL]: He would’ve received that in that time. He’s not denying that he ever received any of the paperwork.

He—he would state that after receiving it, he went to see Mr. Leonard, and that Mr. Leonard said: Look, we contested this, you know, it should’ve been done. If you don’t hear anything from them, don’t worry about it. And____ [MASTER]: He was already in contact with the State of California beginning as early as ... May [of 1991]. * * * [MASTER]: So when the Defaúlt is issued by California in September of '91, the only thing that—that Default covers ³⁰¹ is that Hundred and Fifty Dollars for fees, but child support, at that point, is stayed? [ASSISTANT STATE’S ATTORNEY]: Right. [APPELLEE’S COUNSEL]: Reserved. [ASSISTANT STATE’S ATTORNEY]: It covers the Paternity itself. [MASTER]: So it’s a Default on Paternity---- [ASSISTANT STATE’S ATTORNEY]: Right. [ASSISTANT STATE’S ATTORNEY]: [Something official should’ve been done [by appellee] rather than let it just go. [APPELLEE’S COUNSEL]: I can’t argue that point.

And—but, fortunately, under Maryland, we have the new Tyrone case that will allow us to challenge that no matter the fact that he did or didn’t do anything, or should have or shouldn’t have done anything back in 1991. [MASTER]: And the question that I have, that’s still hanging out there, and I presume that well ... have some information from California about this is, if they held—if they reserved on the child support issue, at that point, how can we back up arrears? [ASSISTANT STATE’S ATTORNEY]: I don’t—I don’t—I don’t know. [MASTER]: Their—their Order—their most recent Order backs arrearage to '96. [ASSISTANT STATE’S ATTORNEY]: To '96 and the pleading was not done until '97. [MASTER]: Right. [APPELLEE’S COUNSEL]: That’s correct. [MASTER]: December of '97. [APPELLEE’S COUNSEL]: And—and that’s the second— I mean, I’m trying to get past the first hurdle first. [MASTER]: Yeah. ³⁰² [APPELLEE’S COUNSEL]: And—and we were asked about that, in there, if we were contesting the amount. I said, you know, I haven’t gotten to contesting the amount. Mr. Holcombe ran the Guidelines based on the income he submitted to California back in 1997 and instead of Three Seventy, under our Statute it would’ve been, like, Two Fifty-three, assuming that she was on—on support.... [MASTER]: Some kind of assistance. [APPELLEE’S COUNSEL]: Some sort of assistance and he just based it upon his number. That is a whole other issue that, to be honest, I’m not prepared to argue or fight over today because I think, if we can get Paternity established, or not established, then all that falls by the wayside. [ASSISTANT STATE’S ATTORNEY]: I agree.

But, Your Honor, just so I’m on the record, in response to the Court’s question. I think if we do get to the stage at some point of Paternity having been resolved and that Mr. Ricketts is the father, I think we’re—-we have to enforce their Order, and I don’t know what their Statute calls for. [MASTER]: Right. [ASSISTANT STATE’S ATTORNEY]: Our Statute only addresses retroactivity from the filing date. California’s may be different. [APPELLEE’S COUNSEL]: And that’s something I have not explored.... [MASTER]: Right. Okay.

So whatever—so then your argument would be that the arrearage, at that time would be based on whatever California.... [ASSISTANT STATE’S ATTORNEY]: Yes. [MASTER]: Because California is the controlling Order? [ASSISTANT STATE’S ATTORNEY]: Again, assuming, the validity of their Orders. Appellant’s counsel argued: I have a slight problem, as I told [appellee’s counsel] in the hall, not with the language of continuing the proceeding, that’s no problem, but to permit production of additional ³⁰³ relevant evidence. [Appellee’s counsel], from our discussion in the hall, seems to want to get this Court involved in a blood test, and I don’t believe that we’re in a position, at all, to rule on Paternity now, or ... in the future. I think the most that this Court can choose ultimately to do to Mr. Ricketts best hope [sic] is to say that we are not going to enforce that Order because it doesn’t meet the standards in [F.L. § ]10-346. I—I think that this Court is in a position where it can’t, obviously, to me, order blood tests, but I think this Court can pass an Order recommending that the California Court order blood tests or DNA tests.

But I don’t want us to be in a position—or this Court to be in a position of saying that Mr. Ricketts is not the father. I don’t think we can do that. I think the most this Court can do is say we’re not going to enforce that Order. Whether Mr. Ricketts is the father or not the father is not within the bailiwick of this Court at this time.

Thereafter, in late January 2000, appellee filed a “Motion To Contest The Validity And Enforcement Of Registered Order and Motion to Vacate Registration,” pursuant to F.L. § 10-344 and 10-346. Numerous exhibits were appended to the motion. 10 In the master’s repdrt and recommendation, dated April 18, 2000, she noted that appellee’s counsel had “proffered” the chronology of events beginning with appellee’s return to Maryland in November 1999. The master found: “At all times [appellee] has questioned personal jurisdiction, contested the paternity of the minor child, and asked for DNA testing.... Your Master finds that [appellee] ‘... exercised ordinary care to act diligently ... in moving to set aside the paternity judgment.’ Tyrone W. [v. Danielle R., 129 Md.App. 260 ,] 299, 741 A.2d 553 [(1999)].

Therefore, there was no waiver of his ³⁰⁴ right to seek and obtain blood or genetic testing.” Further, relying on F.L. § 5-1029, the master found it “appropriate to order genetic testing” for the parties, in order to “determine.if the Court may exercise its revisory power” under F.L. § 5-1038(a)(2)(I)(2). On May 17, 2000, the circuit court entered an Order registering in Maryland the 1998 California “Judgment Regarding Parental Obligations.” At the same time, pursuant to F.L. § 10—346(b), the court ordered a stay of enforcement of the Registered Order. In addition, pursuant to F.L. § 5-1029, the court ordered both parents and the child to submit to genetic testing, to be arranged by the Carroll County State’s Attorney’s Office. The court also ordered a hearing on the motion to vacate upon receipt of the genetic testing results.

Almost a year later, on May 14, 2001, appellant asked the court to schedule a hearing in regard to the Order of May 17, 2000. Among other things, the attorney said: “That the initiating tribunal [i.e., California] refuses to cooperate with genetic testing.” The master held a hearing on August 8, 2001, in regard to appellee’s motion to vacate. Appellee’s counsel represented to the court that appellee had submitted to the blood test, but that Ms. Jones and the child had refused to do so. In addition, appellee’s counsel reiterated the defenses previously presented at the hearing in January 2000.

Recounting appellee’s efforts from the outset to challenge paternity, appellee’s lawyer said: It’s our position that when this original pleading came to my client from California, he did everything in his power at that time to contest, oppose, and attempt to obtain proof of paternity. He was served here in Maryland. We believe that he did not have—they did not have personal jurisdiction to put forth the Order. As the Court knows, the paternity—the petition was filed before the child was even bom, that was about May 6th, 1991, and it’s attached as Exhibit One in the Memorandum.

On May 11th the Defendant was served—on May—of 1991. On May 29th, 1991, the Defendant, pro se, at that time, filed a Motion to ³⁰⁵ Dismiss the Complaint, which is filed as Exhibit Two of the Memorandum. He was represented, locally at that time, by Jack Leonard. And Mr. Leonard received a note from the Court indicating some filing instructions on or about June 4th -which is Exhibit Three of the Memorandum.

The Defendant then re-filed his Motion to Dismiss on June 19th, 1991, and that’s Exhibit Four. Without the benefit of a hearing or-—or anything, a ruling on the Motion to Dismiss did not occur, and the Court entered a Default Order on July 19th, declaring the Defendant the father of the minor child, who still had not been born. On May 30th, 1991, the Defendant received information indicating that Miss Jones had filed for support in the ... State of South Carolina.

So, at the same time, she was having two cases going on in two different states against my client, and that was Exhibit Five. My client responded to that on about June 11th, 1991, and Mr. Leonard did that on his behalf, that’s Exhibit Six. We allege that there was fraud in obtaining the jurisdiction on my client in—in pursuing the matter in California, and then turning around and then also pursuing the matter in South Carolina at the same time. My client heard nothing for the next six years, when in December of 1997, a Complaint was filed for Child Support in California, Stanislaus County, again, and that’s Exhibit Seven, and they were asking for back support to 1996.

The Complaint gave my client instructions on how to contest paternity. Therefore, California, at that point in time, in my opinion, Your Honor, and what we would proffer and argue, is that, when they give him a second chance, or give him a new chance to contest paternity, everything prior to that is null and void, or should be null and void. On January 8th of 1998, Mr. Leonard sent a letter contesting the paternity, and demanding a DNA test. And, on January 31st of 1998, the Defendant filed a response demanding the paternity test and denying paternity—the—and that’s Exhibit Nine.

Subsequently, the District Attorney for Stanislaus County amended the Complaint ... but all they did was add arrears back to 1996, and that’s Exhibit Ten. On June 7th of 1998, the ³⁰⁶ Defendant filed for a Waiver of Costs, and then without a hearing, a final Judgment was entered on September 1st, 1998, again, without the benefit of a hearing, or any blood test, paternity.test, even though California had given him that opportunity. Again, I argue, Your Honor, that the State of California lacked personal jurisdiction to enroll that Order at that time because he had contested and did not have—was not given the opportunity for a hearing. Appellee’s lawyer continued: I further raise, Your Honor, that Maryland law provides my client the opportunity to raise any defenses that he would have as the father of the minor child, or the alleged father of the minor child.

Under Family Law 5-1038, he’s entitled ■ to a blood test and the case of Tyrone W. versus Danielle R. ____ That case, and all the progeny of that case, clearly indicates that my client’s entitled to a blood test at any time that he requests it basically. Especially in a situation where we have been able to provide, to this Court and wTas also provided to the California Court, the desire to have the blood test, at that time, or DNA testing. He has maintained that he is not the father since 1991, and California has had evidence of that before them, and has elected to ignore my client’s defense of non-paternity. Your Honor, based upon this, we believe that we are clearly entitled to have the registration vacated.

They have ignored the personal jurisdiction—or have ignored the claims of my client that he’s not the father. They have failed, now, to abide by Maryland’s ... order to get the blood test which we’ve offered to pay for, which we furthermore offered to drop this matter if, in fact, the child ends up being his, and to work out a payment on all the arrears. And it’s our position, Your Honor, that the Court cannot and should not enforce California’s Order for child support.... Therefore, Your Honor, we’d ask that the registration be vacated.

Counsel for appellant responded that “the paternity issue has nothing to do with the UIFSA proceeding” pending before the court, and the paternity decree is “completely irrelevant” to the UIFSA proceeding. He added: “Your Honor, let’s not ³⁰⁷ lose sight of the fact that this is a UIFSA proceeding .... the paternity issue is completely separate and distinct from the UIFSA proceeding.” In the view of appellant’s counsel, both the California paternity decree, and the California child support order are valid, because “nothing that [appellee] claims that he filed with the [California] Court was actually filed with the Court.” Because appellee “never filed anything with the Court,” appellant insisted that “Maryland is obliged to abide by” the child support order, and give it full faith and credit. Further, appellant’s attorney claimed that, despite the language in the Complaint for child support pertaining to the right to challenge paternity, it was not applicable, given the age of the paternity decree. He also explained that “the California court doesn’t have to have Miss Jones submit to blood testing in California,” in light of “the valid paternity decree.” Moreover, appellant maintained that if appellee wants to pursue his challenge to the paternity decree “he needs to do it in California.” The following colloquy is illuminating: [MASTER]: How do you get around [appellee’s] Exhibit number Nine when, yes, Mr. Ricketts sends this letter addressed to Mr. Brazelton [the District Attorney in California], but clearly fills out the form that says, Answer to Complaint of Supplemental Complaint [sic] Regarding Parental Obligation?

It’s dated, he fills it out, he still, at that point, wants proof of parentage which he was never afforded the opportunity to have, never given his due process in California for. How do we get around that? ... [H]ow do we get around that when, um, we afford every opportunity, um, for due process when it comes to something so serious as the parent of a child who may not be the parent of the child? [APPELLANT’S ATTORNEY]: Well, let me just start by saying that the letter addressed to Mr. Brazelton, as unfair as it may—may seem, they have no affirmative duty to go file that with the court. ³⁰⁸ [MASTER]: So it’s your—it’s your contention, it went— even this form went to Mr. Brazelton? [APPELLANT’S ATTORNEY]: Went to Mr. Brazelton. [MASTER]: Okay. [APPELLANT’S ATTORNEY]: And as far as the due process rights of Mr.—Mr. Ricketts, the paternity decree was some seven years earlier. In this ... [MASTER]: When he challenged it seven years earlier. [APPELLANT’S ATTORNEY]: Right. But, again, it is, um, the opinion of Stanislaus County that that was never— none of those documents were ever filed with the court. [MASTER]: He files a Motion to Dismiss for lack of Personal Jurisdiction with the Clerk of the Circuit Court on May 29th, 1991, and that’s not sufficient for them? [APPELLANT’S ATTORNEY]: If you look at the documents that [appellee] has provided, the Clerk of the Court sent something back to [appellee] saying you didn’t do it right, you didn’t follow our rules of procedure, and after that he refiled it.

When they said that they—that he didn’t follow their rules of procedure, they listed specific things that he had failed to do. They said that it wasn’t under affidavit, they said that it wasn’t served on the D.A., um, he re-files, with it being under affidavit, and sends it directly to the District Attorney. [MASTER]: Because on the notice it says, what I have written on here, notice was to be signed, served on the D.A., which I can’t read, declaration, I guess, must be signed before a notary, motion must be set for hearing or perhaps D.A. will sign a stipulation for dismissal. So we—we have a pro se person, yes, he has benefit [sic] of someone here telling him what to send, but he sends it to the D.A., because that’s what he’s told, has to be served on the D.A., sends the exact same motion, and it says, motion must be set for hearing or perhaps the D.A. will sign a stipulation, and they—they don’t think that’s misleading then? And they’re not willing, then, at all, to accept that as his contest ³⁰⁹ of the original finding of paternity when this child hadn’t even been bom yet? [APPELLANT’S ATTORNEY]: Well, there are two things I’d like to address about that.

One, ... I still maintain that the paternity decree cannot be challenged through this UIFSA process. If he wants to challenge the paternity decree it needs to be done in California. The other thing I would like to add about that is Section 10-346 of the Family Law Article which lists ... the different issues that a Defendant can raise in challenging the registration of an order.

As to the issue of fraud, the following exchange is relevant: [APPELLANT’S ATTORNEY]: [Appellee] has basically raised two issues: lack of personal jurisdiction and fraud. I fail to see how a—what essentially amounts to a procedural screw up amounts to fraud. [MASTER]: It’s fraud because [Ms. Jones] also went to [the] South Carolina Department of Social Services and filed for child support there ... when she had already pursued it in California at the same time. Both places she’s asking for it, and at the time, if you carefully read, at that time, they were both living in the State of Maryland, [appellee] testified to that. They were both living in the State of Maryland .... [APPELLANT’S ATTORNEY]: Well I would submit to Your Honor that, uh, even if the process in South Carolina is fraudulent, it does not make the procedure in California fraudulent. [MASTER]: It does if she represented to the State of California she was living there and she wasn’t living there, and she was living in the State of Maryland at the time that she filed.

We already know she filed in South Carolina when she was living in the State of Maryland. There’s no— there’s no indication that she was ... living in the State of California when she filed the original petition when he— when the child was unborn. ³¹⁰ [APPELLANT’S ATTORNEY]: Well, again, I would submit to Your Honor that the Statute clearly makes the burden of proving fraud on the [appellee]. If he is alleging fraud, then he would need to prove that Ms. Jones wasn’t living in California at the time she filed for child support services or filed for the ... paternity decree, and I haven’t heard anything today about that----You had asked me a question about Tyrone W. and the rights that we afford putative fathers in this State ... I want to reiterate that that is completely irrelevant in this proceeding ...

California is not Maryland, and they have their own laws and rules about establishing paternity. They have, what is in their minds, a valid paternity decree, and that cannot be challenged in a UIFSA process. Appellee responded: “[T]hey haven’t presented anything but hearsay.” Moreover, appellee’s attorney pointed out that no affidavits, docket sheets, or other evidence was offered to show what was filed with the California court. Appellant’s attorney countered: “[Appellee’s counsel] seeks to shift the burden on me.

I don’t have to prove anything. He is the one that has the burden. The statute clearly says that.” The master said: [M]y concern from the beginning of this was, first of all, there is no equity in the way that Mr. Ricketts was treated by the State of California. But setting that aside for the minute, it’s now a UIFSA case, they’re asking me to enforce an Order that was—um—was obtained in California.

There are certain defenses under the UIFSA statute in the State of Maryland that are allowed to be raised when registration or enforcement is requested, and one of those is [this:] is there ... a defense under the law of this State to the remedy sought. There is a defense to Mr. Ricketts in the State of Maryland. He is permitted ... to challenge paternity and challenge the fact that there was not personal jurisdiction over him from the get-go. He has ... challenged it from the beginning, it’s clear that he challenged it from the beginning in all the documents that have been submitted to this Court, and ... there’s some question ³¹¹ about who he sent it back to, but ... when I see the notes [from the California court] that I’m looking at, it appears to me that, if you’re looking at someone who is pro se and they’re following instructions given by someone, he did what he ivas told to do.

He served it on the D.A., it had to [be] signed before a notary, and ... then it says, motion must be set for hearing or perhaps the D.A. will sign a stipulation for dismissal.... [T]hat leaves the door open to the [view that the] contact person was the District Attorney, they got the information, ... they went forward knowing filly that he contested their personal jurisdiction. Then we have the whole other indication from South Carolina. What I find interesting is that South Carolina received a letter advising them of the situation regarding the Plaintiff, Joeann Jones, she was Joeann Ortiz at that time, and we have no further comment from South Carolina. No ... further orders, no further anything.

It’s pretty evident to me that she, then, was moving around.... [A]nd there’s never been anything ... presented to indicate that she wasn’t, at one point, living in the State of Maryland. And we have, after Mr. Ricketts sends the response back to Mr. Brazelton in January of 1998, with all the information requested, indicating he will send more information once the paternity has been challenged, he gets a new complaint, again, indicating monthly payments that he had no part in—in developing. He has—he’s been in contact with the State of California and ... the District Attorney’s Office there the entire time, and still no one, no one, contacts him other than by sending him petitions, and then we have a Default Order with, once again, with him raising the issue of, I want a paternity test. And in the State of Maryland he can ask for a paternity test under both the cases.

It’s a—it’s a defense he has in this State and not to mention that equity would afford him that opportunity. It is—it is inequitable that he would have been determined to be a father of a child in 1991, when he originally challenged it, before the child was even bom, and we would wait six years to, then, come forward, again, to try to pursue him for this judgment. ³¹² And the only reason that California has an order, at this point, is after—even after full knowledge of everyone that he was challenging this, each and every time, an order was entered by default. (Emphasis added). The master concluded: [Biased on the UIFSA' statute in the State of Maryland, under Section 10-346, I’ll vacate the registration because he has a defense that is afforded him under the State of Maryland, and I offered that opportunity to the State of California, and they refused to comply with this Court’s Order which would have at least brought the parties to an equal balance.

So I’ll vacate the registration. Thereafter, on August 8, 2001, the master issued the “Report and Recommendations of Master,” in which she recounted the chronology of events. Among other things, the master specifically found that appellee “followed the instructions given to him” in the note of June 4, 1991, sent by the Stanislaus County Court. Moreover, the master found that appellee repeatedly sought to contest the paternity and child support proceedings in California and requested DNA testing.

Nevertheless, “without the benefit of a hearing on any of the objections [appellee] had previously raised,” the California court entered a judgment against appellee on September 1, 1998, for child support. Therefore, pursuant to F.L. § 10-346(a)(1) and (5), the master concluded that appellee has appropriately raised the following defenses available to him: “... (1) the issuing tribunal lacked personal jurisdiction over the contesting party ...” and “... (5) there is a defense under the law of this State to the remedy sought.” 8.

Your Master finds that at all times, the defendant has questioned personal jurisdiction, contested the paternity of the minor child, and asked for DNA testing.... [A]nd Your Master finds that the Defendant, “... exercised ordinary care to act diligently ... in moving to set aside the paternity judgment.” ... Therefore, there was no waiver of his right to seek and obtain blood or genetic testing. ³¹³ Accordingly, the master recommended that the court grant the motion to vacate the registration. Appellant tiled exceptions on August 15, 2001, claiming that the master’s recommendation was “contrary to both the law and the evidence.” Again, appellant argued that paternity could not be challenged in a UIFSA registration proceeding, and that appellee failed to establish any of the defenses under F.L. § 10-346. Appellee timely responded.

The circuit court held a hearing on the exceptions on October 3, 2001. At the hearing, counsel for appellant reiterated that “the burden of proving any of these [defenses] ... [is] on the party seeking to vacate the registration.” Further, appellant asserted: Now, when the parties were before [the master], [appellee] makes a bald allegation that California had no personal jurisdiction over him and ... provided no evidence to support that allegation. The same is true of the allegation that the Order was obtained by fraud. Again [appellee] has the burden of proving these items ... there was no evidence presented to [the] Master on which to base that decision.

The Master in her Report and Recommendation does, however, state that based on the case of Tyrone W. ... a father has the right to ask for genetic testing at any time. And, I really don’t disagree that that’s what that case says. What I disagree, however, with is that I don’t believe that that is a defense [to a UIFSA proceeding] under the laws of this [S]tate as contemplated by [F.L.] Section 10-346(a)(5). Now, the reason I say that is because I believe that Maryland has a Constitutional duty to give full faith and credit to the California paternity adjudication.

If [appellee] has a problem with the paternity finding, if he feels that somehow his due process rights were violated, in that Default Order—that the Order of Paternity was by default, then I believe he needs to challenge that in California. If the Master is correct, that a person can raise paternity in a [UIFSA] registration proceeding, then, it makes com ³¹⁴ pletely meaningless a paternity finding of any other jurisdiction that happens to not do D.N.A. testing, and it places the Bureau of Support Enforcement in this State in the precarious position of having to coordinate D.N.A. testing between Maryland and a foreign jurisdiction. Appellee responded: The one thing he failed to address, and this is very important in terms of the personal jurisdiction and the fraudulent aspect of the defenses, is that in May of 1991, Mr. Ricketts received correspondence from the State of South Carolina attempting to pursue paternity and a judgment against him, which was prior to' the involvement of the State of California, which, at that point, then, would eliminate the jurisdiction—or potentially limit the jurisdiction of the State of California that they would have over, not only Mr. Ricketts, but also their own client, Ms. Joanne Jones.... You also have the issues that he contested all along.

He did everything the State of California ... asked him to do with regard to contesting the Paternity and the Child Support Orders that were eventually entered by default. Interestingly, the 1996—or the 1998 Petition gave him the opportunity to raise paternity again. They actually told him how to do it. He did it and they ignored him again and entered a Default Order.

Therefore, our arguments as to jurisdiction and fraud— they’re—they’re kind of together. It’s almost a symbiotic relationship in that we have South Carolina coming after him, then we have California coming after him and saying, “We don’t care what you do, we’re going to enter a default anyway.” He did everything he was supposed to do. That, eventually, leads us to the defenses in Maryland under 346 Section 5, which Maryland has now allowed fathers to contest paternity. That is a defense to child support and paternity in the State of Maryland.

The statute is clear, it says, “any defenses in the State of Maryland to the remedy sought.” And, that’s one of them. ³¹⁵ Now, California has made themself available of the Maryland statute by pursuing it this way; therefore, they’re also subject to Maryland’s defenses that can be raised. And, ... one of those that we can raise is the defense of paternity. We’ve raised it, Mr. Ricketts has submitted to the paternity test because there was a previous Order to do it. California has refused to go along with Maryland’s Order, which I believe you signed.

Your Honor, saying, “Do the D.N.A. testing.” We—we appeared, we did it, they’ve refused. We’ve done everything, Your Honor, that we can to contest this paternity and go forward.... (Emphasis added). In its Memorandum Opinion and Order dated January 24, 2002, the circuit court observed: Defendant has maintained since 1991 that he is not the father of the minor child in question.

The basis for Defendant’s belief that he may not be the father of the child is that while the parties were dating Ms. Jones told him that she was seeing other men and had been sleeping with them. Defendant alleges that he and Ms. Jones reconciled and moved to California. Defendant further alleges that while in California he suspected Ms. Jones was seeing someone else and confronted her. Soon after that confrontation he returned to Maryland.

He was later notified by Ms. Jones that she was pregnant. The court concluded that the evidence presented to the master established that California did not have personal jurisdiction and that the California paternity order was obtained by fraud. It reasoned: Defendant alleges that the issuing tribunal, the Superior Court of California, County of Stanislaus, Family Support Division, did not have personal jurisdiction over [appellee] and that the Order was obtained by fraud. Specifically, [appellee] alleges that he is not the father of the minor child and that under Maryland law he is entitled to a blood test to determine paternity.... ³¹⁶ The Full Faith and Credit Clause requires that each state accord a judgment of another state as much respect and credit as it would receive in the rendering state.

However, a court need not grant full faith and credit to a judgment that was procured by fraud, i.e., a fraud that deprived [appellee] of his opportunity to appear and defend. RESTATEMENT (SECOND) OF CONFLICT OF LAWS § 106(1969). The State argues that the paternity issue is separate and distinct from the UIFSSA proceeding and that [appellee’s] allegations regarding fraud are irrelevant in this proceeding. However, the evidence indicates that [appellee] repeatedly attempted to contest this matter and was ignored.

(Emphasis added). Accordingly, the court found that, upon review of the transcript of August 8, 2001, “the defenses asserted by [appellee] were established by the evidence heard by the Master.” Relying, inter alia, on F.L. § 10-846 and Langston v. Riffe, 359 Md. 396 , 754 A.2d 389 (2000), the circuit court denied appellant’s Exceptions and granted appellee’s Motion to Vacate. This appeal followed. 11 We shall include additional facts in our discussion of the issues. DISCUSSION I. Appellant contends that the circuit court violated the Full Faith and Credit Clause of the United States Constitution, the Full Faith and Credit for Child Support Orders Act (“FFCCSOA”), and the Uniform Interstate Family Support Act (“UIFSA”), because “it vacated the registration of a properly certified California child support order and underly ³¹⁷ ing paternity judgment without requiring appellee, Scott Ricketts, to present any evidence to sustain his burden of proving the order [and judgment] invalid.” Appellant asserts that UIFSA “required the circuit court to accord the California judgment a presumption of validity,” and that FFCCSOA required the circuit court to enforce the California order according to its terms, so long as “California had subject matter and personal jurisdiction and provided the contestants reasonable notice and an opportunity to be heard.” According to appellant, because “parentage is not a defense under UIF-SA,” the circuit court “erred by relying on [appellee’s] unconfirmed belief that he might not be the father.” Moreover, appellant maintains that appellee had the burden of proving any defenses, and was thus obligated to present affirmative evidence that California “lacked personal jurisdiction, or that the judgment was obtained by fraud that denied him an opportunity to be heard.” We begin with a review of the two statutes that are at the center of this case.

One is a federal law known as the Full Faith and Credit for Child Support Orders Act (“FFCCSOA”), 28 U.S.C. § 1738B (1994 & Supp.1998). The other is known as the Uniform Interstate Family Support Act or “UIFSA,” which is codified in Maryland in the Family Law Article of the Maryland Code, at F.L. §§ 10-301 to 10-359. FFCCSOA was first enacted by Congress in 1994. It seeks to ensure that child support orders receive full faith and credit in sister states.

See State ex rel. George v. Bray, 130 N.C.App. 552 , 503 S.E.2d 686, 689 (1998); see also 28 U.S.C. § 1738B. Moreover, the provisions of the FFCCSOA are “binding on all states and supersede any inconsistent provisions of state law.” Kelly v. Otte, 123 N.C.App. 585 , 474 S.E.2d 131, 134 (1996), review denied, 345 N.C. 180 , 479 S.E.2d 204 (N.C.1996); see Wilkie v. Silva, 141 N.H. 461 , 685 A.2d 1239, 1241 (1996)(same); State v. Fleet, 679 So.2d 326, 329 (Fla.Ct.App.1996); Bobbs v. Cline, 116 Ohio App.3d 46 , 686 N.E.2d 556, 559 (1997). Thus, any inconsistencies between FFCCSOA and state law “must be resolved in favor of ³¹⁸ FFCCSOA.” Tepper v. Hoch, 140 N.C.App. 354 , 536 S.E.2d 654, 659 (2000).

Accord Bednarsh v. Bednarsh, 282 N.J.Super. 482 , 660 A.2d 575 (1995). As one court has explained, FFCCSOA “is similar to UIFSA both in terms of structure and intent. FFCCSOA similarly obligates states to enforce, according to its terms, a child support order issued by another state which is made consistent with the Act’s jurisdiction and due process standards.” Gentzel v. Williams, 25 Kan.App.2d 552 , 965 P.2d 855, 860 (1998). UIFSA works together with FFCCSOA “to facilitate the enforcement of child support orders among the states.” Harbison v. Johnston, 130 N.M. 595 , 28 P.3d 1136, 1143 (2001). 12 See Bray, 503 S.E.2d at 689 (“UIFSA is state law ³¹⁹ designed to facilitate the collection of child support in interstate cases.”).

See also Patricia W. Hatamyar, Interstate Establishment, Enforcement, and Modification of Child Support Orders, 25 Okla. City U.L.Rev. 511, 541-43 (2000) (“Hatamyar”). It was intended to address the problem of multiple support orders issued by multiple states as to the same child. See Patricia W. Hatamyar, Critical Applications and Proposals for Improvement of the Uniform Interstate Family Support Act and the Full Faith and Credit for Child Support Orders Act, 71 St. John’s L.Rev. 1 (1997); Levy and Hynes, Highlights of the Uniform Interstate Family Support Act, 83 Ill.

B.J. 647 (1995). Congress required all states to adopt UIFSA in its entirety by January 1, 1998, to remain eligible for federal funding for child support services. 42 U.S.C. § 666 (f)(1996 Supp.). Therefore, UIFSA has been adopted by every state and the District of Columbia. See Hatamyar, 25 Okla.

City U.L.Rev. at 516. UIFSA provides procedural and jurisdictional rules for interstate child support proceedings, including the enforcement of foreign child support orders. Among other things, UIFSA “implements the ‘one-order system.’ This means that only one state’s order governs, at any given time.... This necessarily requires all other states to recognize that order and to refrain from modifying it unless the first state has lost jurisdiction.” Hatamyar, 25 Okla.

City U.L.Rev. at 515-516. “Under this proposition, only one state controls the support obligation, and once that state obtains jurisdiction, it then has continuing exclusive jurisdiction over the parties.” United States of America v. Kramer, 225 F.3d 847, 855 (7th Cir.2000)(citing Supporting Our Children: A Blueprint for Reform, U.S. Commission on Interstate Child Support’s Report to Congress 232 (1992)). ³²⁰ Under UIFSA, “A support order ... issued by a tribunal of another state may be registered in this State for enforcement.” F.L. § 10-340. “A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this State.” F.L. § 10-342(b). See also, e.g., Goens v. Rose, 778 N.E.2d 861, 867 (Ind.Ct.App.2002)(“Pursuant to the UIFSA, an Indiana trial court ‘may exercise personal jurisdiction over a nonresident individual’ in a proceeding ‘to establish, enforce, or modify a support order or to determine paternity* ...”); Department of Human Services v. Shelnut, 772 So.2d 1041, 1044 (Miss.2000)(“The UIFSA, as enacted in Mississippi, provides a procedure whereby child support orders from foreign states and countries may be enforced in this [state].”); Department of Social Services v. Bess, 327 S.C. 523 , 489 S.E.2d 671, 673 (1997)(“UIFSA provides a mechanism to facilitate the interstate collection of child support.”). “For the most part [UIFSA and FFCCSOA] are complementary or duplicative and not contradictory.” Bray, 503 S.E.2d. at 689 . Thus, “FFCCSOA ... is intended to work in tandem with the UIFSA and essentially mirrors its jurisdictional concepts.” Harbison, 28