Janice Hearn v. Rickie Hearn

Summary

The Intermediate Court of Appeals of West Virginia reviewed a family court order finding that Rickie Hearn owed Janice Hearn $2,000 in spousal support arrears. The court determined that the record may support Janice Hearn’s claim that she did not receive proper notice of the contempt hearing because notice was sent to her former attorney. The court vacated the order in part and remanded for the family court to determine whether service was proper and, if necessary, reconsider the contempt petition.

Holdings

1. Because the record may support Wife's contention that notice of the contempt hearing was sent to her former attorney rather than to her, the family court's contempt order must be vacated in part and the matter remanded for a determination of whether Wife was properly served.
2. If the family court finds that Wife was not properly served, it must further consider Wife's contempt petition as the ends of justice require.

Questions Presented

1. Whether the family court's contempt order should be vacated or remanded because Wife may not have received proper notice of the contempt hearing.
2. Whether due process required the family court to determine whether Wife was properly served before adjudicating her contempt petition and reducing the claimed arrearage.

Disposition

reversed_and_remanded