dissenting.
While I do not disagree with the majority’s procedural analysis, I think the opinion misses the point. The issue is not which court had the authority to modify the child support ordered from December 1999 to August 2000, but whether the parties agreed that the Carter Circuit Court should resolve the matter of the child support in question. The answer to that inquiry lies in the Order entered August 15, 2001, which provides:
This matter having come before the Court upon a motion to alter, amend or vacate filed by the Respondent; and the Court having reviewed the motion and the file herein, does hereby find that the Respondent, Paul Thompson, was without counsel at the time of the hearing scheduled by the Domestic Relations Commissioner, and that prior counsel had made a motion to withdraw, and Respondent was afforded thirty days to obtain new counsel, and therefore, does SUSTAIN said motion, and does hereby vacate the order entered herein on June 8, 2001.
The Court hereby ORDERS, upon agreement of the parties hereto, that child support shall be paid by the Respondent to the Petitioner in the sum of $568.00 per month from August 28, 2000 until changed by orders of this Court.
The Court further ORDERS that this case be remanded to the Domestic Relations Commissioner for hearing on the issue of child support for the period of December 1999 through August 28, 2000, for any increases from August 28, 2000, and for any and all other issues involved herein.
(Emphasis added).
The above Order was signed by the circuit judge, and counsel for both parties certified that they had “Seen and Agreed to” the Order. It is clear that, by agreement, the terms of the Order provided that Paul was to pay no less than $568.00 per month from August 28, 2000, and that the matter was to be remanded to the domestic relations commissioner for a determination of the proper amount of child support for the disputed period of December 1999 through August 2000.
Ironically, Lisa does not challenge the circuit court’s jurisdiction to increase the amount of child support from August 2000 (which it did), but takes issue with the court’s authority to modify support during the period in which the decision was not in her favor (December 1999 through August 2000). In my opinion, the issue in this case is resolved by Lisa’s own agreement. I would affirm the Court of Appeals.
SCOTT and WINTERSHEIMER, JJ., join this dissenting opinion.