# Fitzgerald v. Fitzgerald

> District of Columbia Court of Appeals · October 13, 1989 · 566 A.2d 719

URL: https://www.frixlaw.com/law-library/cases/9516664

## Case

- **Full name:** Alice M. FITZGERALD, Appellant, v. Lorenzo C. FITZGERALD, Appellee
- **Court:** District of Columbia Court of Appeals
- **Decided:** October 13, 1989
- **Citations:** 566 A.2d 719; 1989 D.C. App. LEXIS 239; 1989 WL 138354
- **Precedential status:** Published
- **Opinion:** Concurrence by Terry
- **Judges:** Rogers, Terry, Steadman
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9516664

## Opinion text

TERRY, Associate Judge,
concurring:
I join without reservation in the opinion of the court. I write separately to focus the spotlight on footnote 20 of that opinion, which briefly discusses, but does not decide, an issue concerning the manner in which the Child Support Guideline was adopted.
I agree that we need not decide this issue because we are invalidating the Guideline on other grounds. If that were not the case, I would hold, without a moment’s hesitation, that the procedure by which the Guideline was developed and issued did not meet the minimal demands of due process, and that the Guideline was therefore void and unenforceable. If the Superior Court elects to issue new guidelines rather than deferring to the legislature, it should afford ample time and opportunity for public participation in the drafting process, either by holding open hearings or by publishing the guidelines for a sufficient period of public comment before they are scheduled to take effect, or (preferably) both.
Child support guidelines have a direct impact on the lives and fortunes of thousands of our citizens. They should not be written in shadows and promulgated in the dark of night. The secret proceedings of the Committee which drafted the present Guideline were not only inherently unfair but unworthy of a democratic society.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9516664. Public record. Not legal advice.