State of Tennessee Ex Rel. Lisa Holt v. Jeremy B. Holt

The matters in dispute pertain to a retroactive child support judgment for a period of time prior to the filing of the child support petition. The trial court assessed a retroactive judgment that included a period of time prior to the filing of the petition, holding that the petition filed by the State on behalf of Mother was to “set” child support not to “modify” support. Father contends a prior support order was in effect when the petition was filed; thus, the trial court violated Tenn. Code Ann. § 36-5-101(f)(1) by awarding a judgment based on an increase in child support for several months prior to the filing of the petition. In the trial court the State insisted that the petition was to set support; however, on appeal, it concedes that a child support order was in effect when this petition was filed. Tenn. Code Ann. § 36-5-101(f)(1) directs that a judgment for child support shall not be subject to modification as to any time period or amounts prior to the date a petition for modification is filed. Therefore, we vacate the retroactive child support judgment and remand for the trial court to calculate the judgment from the date the petition to modify support was filed.