State Department of Human Resources ex rel. Harper v. Finley

YATES, Judge.

The State of Alabama, on behalf of Berne-tha Harper, the mother of a minor child, filed a petition in the District Court of Lee County, seeking modification of a child support order previously entered against Robert Finley, the father. Following a hearing, the court ordered an increase in child support to $50 per week; payment of a child support arrearage of $3,520; and an “intercept” of the father’s income tax refund.

The father appealed that judgment to the Circuit Court of Lee County. The circuit court reversed, finding no arrearage due and ordering that the tax refund…