Missouri Court of Appeals, Western District / Date unavailable
Jon P. Whitton vs. Heather A. Whitton (NKA Peterson)
Mother appealed the trial court's judgment modifying Father's child support obligation and denying her motion for contempt. The trial court had ordered Father's modified child support retroactive to June 1, 2021, and found Father not in contempt for non-payment, denying Mother attorney's fees. The appellate court reversed the retroactive application date, holding that modification could only be retroactive to November 8, 2022, the date Father's motion to modify was served in Missouri. It also reversed the finding that Father was not in contempt and the denial of attorney's fees, remanding for reconsideration of contempt and attorney's fees.