State of West Virginia ex rel. West Virginia Department of Health and Human Resources, Bureau of Child Support…

Summary

The court held that a support obligor may obtain a hearing to determine ability to reimburse AFDC benefits when the State seeks reimbursement, unless the amount was fixed by a prior court order or agreement. A default judgment for the full amount of benefits does not establish the reimbursement amount when ability to pay was never determined, so the enforcement order was reversed and remanded for a hearing under federally mandated guidelines. Justice Davis, joined by Justice Maynard, dissenting, would have held that the obligor waived the hearing issue by failing to respond, seek timely review, or appeal the original default judgment.