Question of whether the Court erred when it denied DHR a hearing on its post judgment motion.

In 2010, man files for divorce alleging that he was not the father of three children born to marriage and request paternity testing. DHR intervened pursuant to Title IV-D of the Social Security Act and sought child support from husband. Husband’s responded that wife filed support petition in family court which had been closed. The trial court denied DHR’s motion to intervene. DHR filed a motion to alter, amend or vacate the denial to intervene. The trial court denied this motion without a hearing and DHR appealed.

DHR alleged mother had assigned her rights to collect child support to DHR. Appeals Court stated that if true, then DHR’s post judgment motion had merit and trial court “exceeded its discretion by failing to hold a post judgment hearing.”

Reversal.