Mullarney v. Mullarney
Docket No. A-5706-10T1
Child Support: Retroactive Modification
Defendant-mother appeals form an order requiring that she reimburse plaintiff-father, a total of $2,713.14 and pay $500 attorneys fees.
Facts:
- 1 child, lived with mother til 15, then with father in May of 2009 to improve grades
- There was an agreement that defendant would reimburse plaintiff for any child support payments collected by Probation Department after August 1, 2009.
- Mother did not keep promise, so father took her to court, got temporary child custody, child support terminated and mother had to pay child support. Modification filed Sept 8, 2009.
- May 2011, daughter kicked out of house and all agreed she would live with mom
- When mom came to pick up daughter, father handed her consent order to emancipate child and discontinue his CS obligation. Mother said he conditioned letting her take his daughter on her signing.
- She did not pursue claim she was coerced in appeal.
- Went to court again, here father sought the $2,713.14 for CS and attorneys fees because defendant failed to reimburse him.
- Mother had failed to reimburse him.
Issue
Did the court err by ordering mother to pay reimbursements from August 1, 2009, the time of the agreement between P & D, instead of September 8, 2009, the date the modification is filed?
Holding
No. Retroactive modification is allowed where parties voluntarily agree to an earlier modification of child support. The agreement between the parties will be enforced.
