holding that an agreement for spousal support modification could not provide for retroactive modification to a date before the filing of the husband’s motion, where the applicable statute expressly forbade modification of support that had already accrued
How later courts described this case
- holding that an agreement for spousal support modification could not provide for retroactive modification to a date before the filing of the husband’s motion, where the applicable statute expressly forbade modification of support that had already accrued
- in determin- ing an appropriate spousal support award, a trial court may forecast a party’s future earnings based on facts in existence at the time of trial
Written by the judges who cited it.
The opinion
ARMSTRONG, J.,
concurring.
I agree with the majority except for its conclusion that the court lacked authority to enforce the parties’ marital settlement agreement to the extent that it authorized the court to modify a spousal support award retroactively. On that issue, I agree with Judge Edmonds’ analysis of the relevant legal principles. I am persuaded, however, that the parties’ agreement does not, in fact, authorize the court to modify wife’s spousal support award for a period earlier than the date on which husband moved to modify the award. I therefore concur in the majority’s disposition of husband’s request to make the change in wife’s award retroactive to December 1, 2000.