Donny B. v. Bureau of Child Support Enforcement of WV and Marcella W. (West Virginia 2019)

Summary

The West Virginia Supreme Court of Appeals affirmed the circuit court’s denial of the petitioner’s appeal, holding that the family court did not err in refusing to invalidate the accrued child‑support arrearage and that the evidence relied upon was properly disclosed. The court reiterated that a family court’s authority to modify support awards is prospective only and that the petitioner bore the burden of showing error.

Holding

Whether the family court erred by basing its November 8, 2018 order on evidence not disclosed to the petitioner. The family court did not err; the petitioner had actual knowledge of the evidence and an opportunity to address it at the hearing

Whether the family court had authority to invalidate the petitioner’s accrued child‑support arrearage. The family court lacked authority to modify or cancel accrued child‑support arrearage; its refusal was proper