Clermont v. DCSE/Clermont

In this appeal, we reverse the trial court’s entry of an order setting arrears in a child support action. We remand for a determination consistent with this opinion. The Family Court entered the order using only the moving papers submitted by the parties after having stated that it would hold a hearing on matters pertaining to the arrears. We are asked to determine whether the Family Court’s failure to hold an evidentiary hearing, under these circumstances, amounted to an abuse of discretion on the particular facts in this record. We find that it does.

Facts

Darren E. Clermont (“Husband”) and…