Hudson v. Peck, No. 19136

CourtSupreme Court of West Virginia
Writing for the CourtPER CURIAM
Citation395 S.E.2d 544,183 W.Va. 300
PartiesJudy Diann Peck HUDSON v. Dallas Gene PECK.
Decision Date20 July 1990
Docket NumberNo. 19136

Page 544

395 S.E.2d 544
183 W.Va. 300
Judy Diann Peck HUDSON
v.
Dallas Gene PECK.
No. 19136.
Supreme Court of Appeals of
West Virginia.
July 20, 1990.

Page 545

[183 W.Va. 301] Syllabus by the Court

1. "Matured installments provided for in a decree, which orders the payment of monthly sums for alimony or child support, stand as 'decretal judgments' against the party charged with the payments." Syl. Pt. 1, Goff v. Goff, 177 W.Va. 742, 356 S.E.2d 496 (1987).

2. "The authority of the circuit courts to modify alimony or child support awards is prospective only and, absent a showing of fraud or other judicially cognizable circumstance in procuring the original award, a circuit court is without authority to modify or cancel accrued alimony or child support installments." Syl. Pt. 2, Goff v. Goff, 177 W.Va. 742, 356 S.E.2d 496 (1987).

Nelson R. Bickley, Bickley, Jacobs & Barkus, Charleston, for Dallas Peck.

Christopher G. Moffatt, Child Advocate Bureau, Charleston, for Judy Diann Peck Hudson.

PER CURIAM:

This case is before the Court upon the appeal of Dallas Gene Peck from an August 26, 1988 final order of the Circuit Court of Kanawha County which sustained a family law master's recommendation that the appellant was $15,908.50 in arrears in back child support payments. The appellant argues the following assignments of error: 1) the court erred in not remanding the law master's recommendation for failing to make findings of fact and conclusions of law as required by W.Va.Code § 48A-4-4 (1986) 1, and in simply filling in the blanks of a form without citing the reasons therefor as required by said statute; 2) the court erred in sustaining the law master's recommendation wherein the law master failed to find based on the evidence that appellee secreted the children and herself from the appellant for five years thus rendering payment during said period impossible; and 3) the court erred in sustaining the law master's recommendation that the appellant pay past due child support when the appellee's conduct in hiding the children for five years and thus preventing appellant from paying was of such an outrageous nature that the doctrine of acquiescence and/or laches should be applied to relieve the appellant from that requirement, and the failure of the law master to so hold is an error of law. We find no error was committed by the lower court and therefore affirm the lower court's decision.

The facts in this case reveal that on September 20, 1979, a final divorce decree was entered which, in part, required the appellant to pay $25.00 a week per child (2) as child support. The record indicates that from September 1979 to August 1980, the appellant paid the full amount of his child support to the appellee. Then, in September 1980, when the appellant began making his support payments through the Department of Human Services (hereinafter referred to as DHS), the payments fell significantly below the amount ordered. These reduced payments continued until June 1981, when all child support payments ceased. No payments were made again until November 1983, when the appellant made five sporadic payments of $20.00 a

Page 546

[183 W.Va. 302] month over an eight month period. 2 The evidence next reveals that the appellant made a payment in January 1985 and no further payment was made by the appellant until September 1986. From September 1986 until January 1987 the appellant made monthly child support payments of $125.00. Finally, from February 1987 until December 1987 the appellant made only a $40.00 support payment in the month of March.

It was also established that sometime during 1981, the appellee left West Virginia and moved to Mississippi. While the appellee's testimony revealed that she did not attempt to inform the appellant of the move, it also reflects that she did not secrete the children from the appellant. For instance, in...

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6 practice notes
  • Carter v. Carter, No. 23253
    • United States
    • Supreme Court of West Virginia
    • 18 Noviembre 1996
    ...W.Va. 638, 420 S.E.2d 909 (1992); syl. pt. 2, Lauderback v. Wadsworth, 187 W.Va. 104, 416 S.E.2d 62 (1992); syl. pt. 1, Hudson v. Peck, 183 W.Va. 300, 395 S.E.2d 544 (1990). See also Scott v. Wagoner, 184 W.Va. 312, 314 n. 5, 400 S.E.2d 556, 558 n. 5 (1990); Sauls v. Howell, 172 W.Va. 528, ......
  • Robinson v. McKinney, No. 21549
    • United States
    • Supreme Court of West Virginia
    • 24 Junio 1993
    ...its enforcement may not be barred by laches." We have continued to follow the above statement set forth in Korczyk. See Hudson v. Peck, 183 W.Va. 300, 395 S.E.2d 544 (1990) and Zanke v. Zanke, 185 W.Va. 1, 404 S.E.2d 92 However, in Zanke, supra at n. 5, we noted that the doctrine of laches ......
  • Skidmore v. Skidmore, No. 34736.
    • United States
    • Supreme Court of West Virginia
    • 10 Marzo 2010
    ...jurisdiction to retroactively modify child support obligations, see Goff v. Goff, 177 W.Va. 742, 356 S.E.2d 496 (1987), Hudson v. Peck, 183 W.Va. 300, 395 S.E.2d 544 (1990) (per curiam), W. Va. Code § 48-14-201, and W. Va.Code § 48-14-203, our court has permitted retroactive modifications b......
  • State ex rel. Barbara Jean S. v. Stephen Leo S., No. 23326
    • United States
    • Supreme Court of West Virginia
    • 20 Noviembre 1996
    ...of monthly sums for alimony or child support." 5 See, Korczyk v. Solonka, 130 W.Va. 211, 218, 42 S.E.2d 814, 819 (1947); Hudson v. Peck, 183 W.Va. 300, 303, 395 S.E.2d 544, 547 [198 W.Va. 239] Page 900 (1990). Therefore, in the absence of a showing that more than ten years elapsed since the......
  • Request a trial to view additional results
6 cases
  • Carter v. Carter, No. 23253
    • United States
    • Supreme Court of West Virginia
    • 18 Noviembre 1996
    ...W.Va. 638, 420 S.E.2d 909 (1992); syl. pt. 2, Lauderback v. Wadsworth, 187 W.Va. 104, 416 S.E.2d 62 (1992); syl. pt. 1, Hudson v. Peck, 183 W.Va. 300, 395 S.E.2d 544 (1990). See also Scott v. Wagoner, 184 W.Va. 312, 314 n. 5, 400 S.E.2d 556, 558 n. 5 (1990); Sauls v. Howell, 172 W.Va. 528, ......
  • Robinson v. McKinney, No. 21549
    • United States
    • Supreme Court of West Virginia
    • 24 Junio 1993
    ...its enforcement may not be barred by laches." We have continued to follow the above statement set forth in Korczyk. See Hudson v. Peck, 183 W.Va. 300, 395 S.E.2d 544 (1990) and Zanke v. Zanke, 185 W.Va. 1, 404 S.E.2d 92 However, in Zanke, supra at n. 5, we noted that the doctrine of laches ......
  • Skidmore v. Skidmore, No. 34736.
    • United States
    • Supreme Court of West Virginia
    • 10 Marzo 2010
    ...jurisdiction to retroactively modify child support obligations, see Goff v. Goff, 177 W.Va. 742, 356 S.E.2d 496 (1987), Hudson v. Peck, 183 W.Va. 300, 395 S.E.2d 544 (1990) (per curiam), W. Va. Code § 48-14-201, and W. Va.Code § 48-14-203, our court has permitted retroactive modifications b......
  • State ex rel. Barbara Jean S. v. Stephen Leo S., No. 23326
    • United States
    • Supreme Court of West Virginia
    • 20 Noviembre 1996
    ...of monthly sums for alimony or child support." 5 See, Korczyk v. Solonka, 130 W.Va. 211, 218, 42 S.E.2d 814, 819 (1947); Hudson v. Peck, 183 W.Va. 300, 303, 395 S.E.2d 544, 547 [198 W.Va. 239] Page 900 (1990). Therefore, in the absence of a showing that more than ten years elapsed since the......
  • Request a trial to view additional results

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