Hilbish v. Hilbish

EDWARD N. SCRUGGS, Retired Circuit Judge.

This case involves ARCP Rule 60(b) motions relative to a previous divorce judgment which also provided for child support.

Mrs. Hilbish’s divorce complaint sought child support for two of the parties’ children. Her averments in that regard were that Mr. Hilbish, the defendant, was employed by a construction company and was then able to pay the sum of $500 per month for support and maintenance. The summons and complaint were personally served upon the defendant on February 11, 1975. He did not appear and plead thereto, or otherwise defend, and the…