State of Tennessee, ex rel. Donnie Diane Little v. James Gearin

This appeal involves a retroactive modification of a child support order.  The legal custodian of the child at issue received state benefits on behalf of the child. The State, on behalf of the custodian, filed a petition against the father to set child support.  In August 2000, the trial court granted the petition, set child support, and entered an order establishing that the father owed a child support arrearage of $14,000 as of the date of the order. This order was not appealed. Years later, the father filed a petition for custody of the child. After a hearing, the trial court granted him custody of the child and terminated his future child support obligation.  The trial court’s order also gave the father a $2,962 “credit” toward the arrearage established in the August 2000 order.  The State filed a motion to alter or amend, arguing that the trial court was not permitted to retroactively modify the arrearage established in the earlier order. This motion was denied. The State now appeals.  We reverse, finding that the trial court erred in retroactively modifying the arrearage amount set out in the original order.