State ex rel. West Virginia Department of Health & Human Resources v. Lambert

Summary

The West Virginia Supreme Court of Appeals reviewed a child-support reimbursement judgment of $170,103.44 against Harry O. Lambert. The court held that Lambert was entitled to a hearing under State ex rel. Department of Human Services by Adkins v. Huffman to determine the amount of reimbursement and his ability to pay. The judgment was reversed and remanded, and collection was stayed pending that determination.

Holdings

1. The October 15, 1997 dismissal was inadvertent and did not defeat the appellees' child-support reimbursement claim because the parties and the courts continued actively litigating the action with full participation.
2. Before entering judgment for AFDC or child-support reimbursement, the court must provide the obligor a hearing addressing the correct amount of reimbursement and the obligor's ability to pay.

Questions Presented

1. Whether the 1997 dismissal for failure to pay the statutory docket fee terminated or otherwise barred the appellees' reimbursement claim.
2. Whether the circuit court erred by adopting a child-support reimbursement judgment without providing Lambert a hearing to determine the correct amount owed and his ability to pay as required by State ex rel. Department of Human Services by Adkins v. Huffman.

Disposition

reversed_and_remanded