In the Matter of: E.G.B.

This is a child support case. The child’s mother is married to a man who is not the child’s biological father. The biological father petitioned the trial court to order genetic testing to establish paternity and to set child support. The mother sought the dismissal of the biological father’s petition, asking that her husband be designated as the child’s legal father. The husband also intervened, seeking dismissal of the petition and asking to be designated as the legal father. The trial court ordered genetic testing, which showed that the petitioner was the child’s biological father. The trial court declared the petitioner to be the child’s legal father and he began to pay the mother child support. An agreed permanent parenting plan was eventually entered, but the issue of child support was reserved. The mother sought retroactive child support for the five month period between the child’s birth and the date on which the biological father began to pay child support. The trial court denied the mother’s request, without including written findings to explain the reason for deviating from the presumption under the child support guidelines that retroactive support should be awarded. The mother now appeals. We remand for the trial court to either comply with the child support guidelines or make specific findings to support deviation from the guidelines.