State ex rel. Department of Health and Human Resources v. Sinclair
In State ex rel. Department of Health and Human Resources v. Sinclair, 210 W.Va. 354, 557 S.E.2d 761 (2001), the Court, reversed an AFDC reimbursement judgment entered against an appellant-husband and remanded the action to the Circuit Court of Preston County for a Huffman style hearing. (State ex rel. Department of Human Services by Adkins v. Huffman)
In so holding, the Court observed:
"As this Court in Huffman made abundantly clear, the determination of the obligor's ability to pay, i.e., income and income-earning potential, must be made at some point in the proceedings to determine the appropriate level of reimbursement of AFDC benefits." 210 W.Va. at 359, 557 S.E.2d at 766.