CHARLESTON -- A woman is suing the WVDHHR Bureau for Child Support Enforcement and Policy Studies Inc. on behalf of her child.
Patsy A. Hardy, secretary of the West Virginia Department of Health and Human Resources Support Enforcement Commission and Susan Perry, commissioner of the BCSE, also are named defendants in the case.
On March 19, 1997, Michael Wingett was ordered to pay Kimberly Hoover $201 per month in child support for their child, M.W., put as of Oct. 27, 2009, owed $28,155.20 in unpaid child support, according to a complaint filed Dec. 23 in Kanawha Circuit Court.
Hoover claims Wingett owes $13,439.28 for the period of Sept. 1, 1999 to Sept. 30, 2009.
Hoover claims collection of arrears in the matter accrued prior to Sept. 1, 1999 is barred by statute of limitations, so her child was denied $14,715.92 in child support, according to a complaint filed Dec. 23 in Kanawha Circuit Court.
Hoover claims she did all things proper and necessary to pursue her child support arrearages claim through the BCSE, that she fully and completely cooperated, informed and provided all information requested to the BCSE.
According to the suit, Hoover acted in good faith and detrimental reliance that the defendants would timely pursue her child's arrearage claim and not allow the statute of limitations to lapse and bar her child's claim.
Hoover is seeking compensatory and punitive damages for breach of statutory duty, negligence, breach of fiduciary duty and breach of trust. She is also seeking that her action be certified as a class action on behalf of all other children in similar situations and for the court to award her and all class members equitable, injunctive and declaratory relief to require the WVDHHR/BCSE to place in the system procedures and processes to prevent such lapses from occurring in the future. She is being represented by Charles R. Webb.
The case has been assigned to Circuit Judge Tod J. Kaufman.
Kanawha Circuit Court case number: 09-C-2356