In Golchin, the Fifth District reversed the trial court’s order requiring a father to pay retroactive child support.
The proceedings commenced in early 2016, when the father transferred his share of the marital home to the mother to offset child support and other obligations for their child. At the time, both parents agreed to waive any claims for child support, and accordingly, the trial court determined that neither parent would be awarded child support, without prejudice to seek a future award of child support. Later that year, the mother filed for child support and the court found in her favor. The father was ordered to pay monthly child support to the mother, as well as, retroactive support before the filing date of the motion. The father appealed the order granting retroactive support.
The Fifth District found that the trial court had erred in its order directing the father to pay child support for the time period prior to the date of the motion. The Fifth District opinioned that a trial court may modify retroactive child support, but only from the date the motion is filed forward and directed the trial court to amend its order consistent with its ruling.
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