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Leloff and Fong

Summarized by: 

Date Filed: 11-20-2013
Case #: A149343
Ortega, P.J. for the Court; Sercombe, J.; and Hadlock, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A149343.pdf

Family Law: Retroactive child support may not be awarded solely under a petition pursuant to ORS 109.103 where there is no filiation action.

Father appealed the trial court's judgment establishing custody, parenting time, and child support. The unmarried mother and father separated after living together for a period of time. Mother filed a petition to determine custody, child support, and parenting time pursuant to ORS 109.103. While the case was pending, mother filed a motion for temporary support, custody, and parenting time, arguing that under ORS 109.155, child support should commence upon the date of the child's birth, and therefore retroactive support was due. The trial court awarded retroactive child support dating to the month following the child's birth. Father appealed, arguing that the court did not have the authority to order retroactive child support under the petition filed pursuant to ORS 109.103. The Court of Appeals held that the trial court erred by awarding the retroactive child support because ORS 109.103 does not allow retroactive support orders. The Court also distinguished the case from State ex el Olson and Renda, relied on by the mother, to clarify that Olson involved a consolidated proceeding that included a filiation action under ORS 109.124 to ORS 109.237, and an action to determine custody and support of a child. Retroactive child support may be awarded in the case of a filiation action, but not solely under ORS 109.103. Child support award reversed and remanded; otherwise affirmed.