Fenton v. Miller

NEELY, Chief Justice:

Calvin Fenton is a long-suffering, hard working family man who finds himself the subject of efforts by the West Virginia Department of Human Services to collect money that the Department paid to his former wife to support his children.

In the summer of 1977, Patricia Fenton left Calvin Fenton and went to Pennsylvania with another man. Mrs. Fenton left her four children with Mr. Fenton, and he continued to work at his job, arranging for a babysitter when he was working or out-of-town. Mr. Fenton filed for divorce, and in 1978 the Circuit Court of Fayette County awarded the…