Family Law – modification of child support, writing: Holland v. Holland (COA 6/19/2009)

Holland v. Holland
2008-CA-002115 06/19/2009 2009 WL 1705744
Opinion by Judge Nickell; Chief Judge Combs and Judge Taylor concurred. The Court affirmed an order of the circuit court denying appellant’s request to modify child support as of the date the matter was heard by the trial court, rather than the date on which the trial court’s order was entered. The Court held that KRS 403.213(1) required a written motion for modification before a change in child support and therefore, the trial court did not abuse its discretion in declining to make the child support modification retroactive to the date of a change in custody when no written motion seeking a modification was filed.