In Re Marriage of Brinkman

Antoinette “Toni” Brinkman (Toni) appeals a pretrial order preventing her on the theory of estoppel from presenting evidence that respondent Bruce Brinkman (Bruce) owed $400 a month child support rather than the $150 per month recommended by a family court settlement officer. The estoppel allegedly covered the period between August 2, 2000, the date of the recommendation, and April 8, 2002, when Bruce’s motion in limine was granted and the trial court ordered child support of $150 per month. Toni contends the trial court abused its discretion. Bruce responds that the appeal should be dismissed because the order on his motion in limine is not a final, appealable order.

FACTS

The parties dissolved their marriage on December 3, 1998, and the judgment provided for the support of their two sons, Scott, 12, and Kyle, 7. Bruce agreed to pay $400 a month in child support, cover the boys on his health policy, and pay half the day care expenses. In June 1998, Bruce stopped paying his share of the day care expenses, and by February 23, 2000, when Toni filed her order to show cause (OSC) for child support arrears, payment of day care fees, medical insurance arrears, and attorney…