Kim and Kinnersley

ORS 107.135(6) prohibits modifying child support obligations to include expenses that predate the modification motion’s service date.

In June of 2022, Daniel Kinnersley (father) moved to modify child support. That modification called for Chantha Kim (mother) to reimburse father for “ongoing out of pocket expenses” related to boarding school and a wilderness program, dating back to September 2020.  “The trial court granted father’s motion” (noting the parties’ stipulation to September 2020 as the child support’s start date) and ordered mother to pay half of the accrued boarding school and wilderness program expenses.

That order, requiring the payment of expenses that had accrued prior to the modification motion’s service, constituted plain error calling for vacation and remand. ORS 107.135(6) prohibits modifying child support obligations to include expenses that predate the modification motion’s service date. Because the trial court had no statutory authority to impose such a retroactive modification and of the resultant obligation’s significant amount (more than $26,000), the Court of Appeals exercised their discretion to correct the error.

“Supplemental judgment vacated and remanded as to retroactive child support, statutory interest, and “unreimbursed medical expenses” awards; otherwise affirmed.”