Evening star., 1953-01-08
Court Urges
Law 10 Enforce
Family Support
Judge Says Fothers
Divorced Elsewhere
Find D. c. 'Huven'
By Howard [. Dutkin

Uy 1OWoIo =. DutkIH
The U. S. District Court OF
Appeals for the District Of
Columbia today urged legisla-
ton which would empower Dis
trict Court here to enforce di-
vorce DEGREES granted in other
Jurisdictions.
The immunity granted here to
persons against whom orders
have been issued elsewhere,
brought a charge by Appellate
Judge George r. Washington
that the District is "a haven for
divorced fathers who seek to
evade the obligation to support
their families" In local cases,
a man who fails to pay court
ordered support to his family
may be jailed for contempt.
The proposal for new laws
was contained in a split opinion
which held that the courts here
cannot. except under extraordi-
nary circumstances, force pay
lnent of maintenance ordered by
q Florida court in granting a
divorce.
Mining Engineer Involved.
The case involved Paul F.
Scholla, a $12.O00-a-year min
ing engineer, with Offices at 1925
Connecticut avenue NV, and
his former wife, Mrs. Lois T.
Scholla. She is a civilian en-
ploye at Fort Belvoir, earning
about $4,000 yearly. Court
papers listed her address as 709
Fourteenth street, New Alex
andria, Va. Mr.. Scholla has
since remarked.
The first Mrs. Scholla was
granted a Florida divorce in
1949 and was awarded custody
of the couples three children,
now aged 8. 7 and IT. The lat
ter child, Sandra, now lives with
her father.
The decree allowed $3.50
monthly, payable to the first
Mrs. Scholla, for support of her
self and the children.
According to the appellate
opinion, Mr.. Scholla had made
no payments since January,
1851. leaving Mrs. Scholla and
the children, Paul and Barbara,
dependent of Mrs. Scholla's in
adequate earnings as a Govern
ment employe. :" Subsequent
ly. Mrs. Lois Scholla brought
action in the U. S. District Court
for the District of, Columbia
here for monthly allowance
for the children and a $500 judg-
ment for herself. accrued in
stallments under the Florida de-
cree.
Denies Arrearage.
In court papers. Mr.. Scholla
denied being in arrears. He said
he had paid out more than the
sums required under the decree.
He listed checks totaling 1882
covering December, 1949. to
January, 1851. as payments. He
asserted, also, that he had made
other payments to the children
in the form of presents and
such. not listed by check.
District Court threw out her
plea for the children's allowance
and ruled that the Municipal
Court here had jurisdiction over
the $500 Judgment on the
grounds that it was suit in
debt not exceeding $4,000. Both
actions were upheld by the ap-
pellate court.
The appellate court opinion
said:
"This court cannot properly
override the principles of res
judicata doctrine that a matter
having finally been adjudicated,
may not be brought up again) or
disregard the full faith and credit
clause of the Constitution. The
obstacles they present in a case
like this call for legislation au-
thorizing the establishment in
our District Court of final de-
crees of the courts of other juris-
dictionS granting alimony or
maintenance, and the enforce
ment of such DEGREES by the
same means and methods pro-
vided by our laws for enforce
mer1t Of local DEGREES. AS the
law now stands, foreign DEGREES
cannot be so enforced"
Washington DissentS.
. In dissenting from the ma
jority opinion. Judge Washing
ton said: For some years it
has been the rule in this juris-
diction that foreign main
tenance DEGREES. unlike domestic
ones. cannot be enforced here
by means of equitable process.
:. The cumulative tendency of
these decisions has been to make
the District of Columbia a ha-
ven for divorced fathers who
seek to evade the obligation to
support their families.
The majority opinion was