State of Tennessee, ex rel. Debra L. Ogelsby v. Mark D. Bridges

Debra L. Ogelsby ("Mother") and Mark D. Bridges ("Father") are the natural parents of Holly Bridges ("the child"). By an order entered in 1986, Mother was awarded custody of the child and Father was charged with a duty of support but with no amount being set. In 1998, the child started living with Father. At that time, Father, motivated by the fact the child was now living with him, filed a petition to terminate his support obligation. His petition was granted. In 1999, the child left Father and again took up residence with Mother. The child was emancipated by marriage in 2000. In 2002, the State of Tennessee ("the State"), on behalf of Mother, brought this action seeking retroactive child support for the period from 1999 through 2000. Father argues that the trial court was prohibited from awarding retroactive child support prior to June 11, 2002, the date upon which the State filed its petition. The trial court held that Mother was entitled to retroactive child support since there was no active order for child support in place at the time the petition was filed. Father appeals. We affirm.