Division of Child Support Enforcement ex. rel. Harper v. Barrows

HOLLAND, Justice:

This is an appeal from a decision by the Family Court, in a child support action.1 Karen Harper (“Mother”), through the petitioner-appellant, the Division of Child Support Enforcement (“DCSE”), sought support from the respondent-appellee, James Barrows (“Father”). The parties’ son, Jason, was bom on July 7, 1987. The Father was incarcerated on October 27, 1987, for a period of twelve years.

The Family Court held that the Father should not be excused from paying child support, despite his incarceration. The Family Court found that, although the Father’s incarceration precluded…