State Department of Health & Rehabilitative Services, Office of Child Support Enforcement ex rel. Whitman v. Whitman

SCHEB, Judge.

The Department of Health and Rehabilitative Services (HRS) appeals a final order finding that appellee Michael Clark Whitman has no present ability to pay child support.1

On May 15, 1972, the trial court entered a final judgment dissolving appellee’s marriage to Cherrie Whitman and awarding the wife custody of the minor child. At the time of dissolution, the appellee was severely disabled from a 1970 motorcycle accident and unable to work. The judgment did not require appellee to pay child support but the court retained jurisdiction on that issue.

Some eleven years later, on…