Kelley v. Hanks

In this appeal we are asked to decide the validity of the trial court’s order of May 27, 1983, which vacated a January 31, 1983, order amending child support provisions in a 1979 judgment of divorce. The January 31, 1983, order was entered on default after defendant failed to file an appearance or answer plaintiffs motion for a change in custody of the child and for child support. Though defendant was served with a copy of the motion, no notice of the hearing on the motion was given defendant. At issue is the right of a circuit court to issue an order amending child support provisions in a…