Baumann v. Baumann (Mississippi 2020)

No. 2019-CA-01216-COA (Miss. Ct. App. 2020)
September 2020

A parent must plead for child support. This puts the other parent on notice of the support claim. In this case, the final divorce decree ordered the father to pay back child support starting January 2015. The father filed a motion for new trial or, alternatively to amend the judgment with respect to the back child support as well as other custody issues. Specific to the child support, the trial court denied the motion but changed the start date for the back support to April 2015. The father appealed. He argued the mother didn’t specifically request back child support. The appellate court affirmed the back support provision of the order. It found that the mother filed a counterclaim on March 24, 2015, and a second pleading on April 16, 2015, both of which put the father on notice that the mother was seeking support and April 2015 was an appropriate date.