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Morgan v. Bunzendahl

The pre-existing child support obligations of a parent who ultimately wins a downward modification due to involuntary adversity do not continue to accrue while that parent's modification action is pending.

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We granted James Morgan’s application for discretionary review to consider whether the pre-existing child support obligations of a parent who ultimately wins a downward modification due to involuntary adversity continue to accrue while that parent’s modification action is pending. We conclude that, when calculating back child support related to a contempt citation, that portion of the obligation attributable to lost income did not continue to accrue after Morgan served his modification petition on the custodial parent. Accordingly, we vacate the trial court’s order and judgment and remand for further proceedings.

Morgan and Georgia Bunzendahl, who were never married, have a child who was born in January 1993.1 In 1998, Morgan was ordered to pay Bunzendahl child support in the amount of $217.41 per month, and in 2006 the parties agreed to a temporary modification of $500 per month. In 2007, the trial court granted Bunzendahl’s petition for increased child support and ordered Morgan to pay $632 per month. In October 2009, the trial court found Morgan in willful contempt for failing to pay child support and $6,364 in arrears. The court awarded Bunzendahl $750 in attorney fees.

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