Orange Co. v. Schultz
Defendant Fred Samuel Schultz appeals from a postjudgment order retroactively increasing his child support obligation. Although this case has made quite a few trips to the trial court and once previously to this court, the issue raised in this appeal makes it unnecessary to recite all the procedural ins and outs. It is sufficient to note that on May 10, 2000, Temporary Judge Gale Hickman issued an order, based on a stipulation of the parties, providing for certain specified lump sum and periodic payments. In addition the order provided [a]ll current child support orders and orders, including judgments, of child support arrearages, are set aside in consideration of the amount agreed in the preceding paragraph . . . .
On September 28, 2006, on motion by plaintiff, Temporary Judge Craig Arthur declared the May 10, 2000 order void and ordered defendant to pay for retroactive child support. Defendant does not contest that the court had power to modify child support obligations prospectively but contends that it exceeded its powers by invalidating a prior final order made by another judge. He is right and plaintiff so concedes. The order is reversed.
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