In re Stradtmann (Colorado 2021)

Under Colorado statute, child support can be retroactive to the date of the parent’s separation, the date of the filing of the petition, or the date of service on the responding parent, whichever date is later. The final decree in this divorce case ordered child support retroactive to February 2019, the date of the parent’s separation. The father appealed this provision arguing this date didn’t comply with the statutory requirements.

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Sears v. Sears (Wyoming 2021)

An award of retroactive support is subject to the court’s discretion. The parents filed for divorce, and the district court didn’t order child support during the pending action. The parents agreed to a custody arrangement during the pendency of the action. In the order accepting the arrangement, the court didn’t order support and noted the parents were sharing custody and splitting uncovered medical expenses. The father was also paying the children’s health insurance. The final divorce decree ordered the father to pay support going forward but didn’t award retroactive support. The mother appealed.

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Baumann v. Baumann (Mississippi 2020)

A parent must plead for child support. This puts the other parent on notice of the support claim. In this case, the final divorce decree ordered the father to pay back child support starting January 2015. The father filed a motion for new trial or, alternatively to amend the judgment with respect to the back…

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Knipper v. Enfinger (Tennessee 2020)

When ordering retroactive support, a trial court can deviate from the presumptive support amount but must make the statutorily required findings to support the deviation. The mother appealed a trial court order that denied her request for support retroactive to the child’s birth. The appellate court reversed the trial court’s order and remanded for additional…

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State on behalf of Elijah K. v. Marceline K. (Nebraska 2020)

When a paternity action is brought by the state on behalf of a child, retroactive support can go back to the birth of the child. The right to retroactive support belongs to the child. The mother appealed an order of the district court setting current child support but denying her request for support retroactive to…

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Marriage of Weekes (Colorado 2020)

Statutes operate prospectively unless the language indicates otherwise. A law is unconstitutionally retrospective if it infringes on a vested right. The father filed to modify his child support based on a physical change of custody that happened without a court order. Current Colorado law limits retroactive modification of child support to the five years prior…

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Bryant v. Bryant (Nebraska 2020)

A district court has discretion to when figuring income for a parent who is employed less than full time as long as the evidence supports the calculation. If a parent offers evidence of an obligation to support additional children, it should be at least considered. The mother filed for divorce. The mother and father had…

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Stockdale v. Rehal (Nebraska 2019)

A district court has discretion to retroactively adjust a temporary child support obligation. The never-married parents in this case separated, and a temporary child support obligation was established. For the final order, the court set the father’s income at an amount higher than the amount used for the temporary order, which increased the amount of…

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Silver v. Silver (Nebraska 2018)

If payment of a child support obligation leaves a parent with a net income below the poverty line, Nebraska courts can consider specific costs related to supporting the child to get the parent back above the line. Supervised visitation is not one of those costs. An award of retroactive support must take into account the…

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Johnson v. Dominick (Tennessee 2017)

The Tennessee child support guidelines provide that child support starts at the birth of the child and retroactive support must be set accordingly.* If a court deviates from the guidelines, it must make specific findings regarding the factors set forth in Tenn. Code Ann. § 36-2-311(a)(11)(A)(i-iii). Without these findings, the order is defective. The mother…

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Williams v. Williams (Tennessee 2017)

Tennessee statutes require that an initial support order contain a judgment for retroactive support or findings to support deviating from the requirement. In this divorce action, the court awarded primary custody of the children to father. The court ordered no current support because mother was receiving social security. Prior to the custody order, the children…

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Parrish v. Griggs (Tennessee 2017)

In Tennessee, the obligation to support a child begins at birth unless there is a statutory basis for deviation. The deviation factors revolve around the father not knowing about the child or the possibility of his paternity. The appellate court reviews the support order for an abuse of discretion if appealed. In this case, the…

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In re: Jalen O-H (Tennessee 2017)

A court can order retroactive support in different amounts for different periods of time as long as evidence supports the determination. The parents in this case had multiple custody arrangements since the child’s birth. The court reviewed the terms of each custody agreement and the time it was in place, the parents’ incomes during that…

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State ex. re. Williams v. Woods (Tennessee 2017)

Child support is due to a child’s primary caregiver even if that person is not a parent. However, the caregiver must request support and be a party to the action. In this case, mother petitioned the court for child support as the child’s primary caregiver even though the child lived his step grandparent during the school…

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State ex. rel. Rogers v. Lewis (Tennessee 2016)

A child support order is void if it relieves a parent from the obligation to support a child. The original child support order in this case approved an agreement of the parties that the father maintain health insurance or pay for future medical expenses. While no current support was ordered, no provision prohibited a future…

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Smith v. Williams (Mississippi 2016)

A parent who requests reimbursement for birth and other child-related expenses incurred prior to the establishment of a support order must provide proof of the expenses, and the proof must be admitted into evidence. The mother in this case did not provide sufficient proof of her expenses, and the court did not order reimbursement.

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Lucero v. Lucero (Nebraska 2008)

Absent equities to the contrary, the modification of child support orders should be applied retroactively to the first day of the month following the filing date of the modification.

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Skillett v. Sierra (Kansas 2002)

In entering an order of child support in a paternity action, the trial court may award an additional judgment to reimburse the expenses of support and education of the child from the date of birth to the date the order was entered.

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In re Paternity of Janzen v. Janzen (Kansas 2010)

In entering an original order for support of a child under this section, the court may award an additional judgment to reimburse the expenses of support and education of the child from the date of birth to the date the order is entered.

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