In Re Marriage of Hubner

A father appeals from an order finding him delinquent in his child support payments and assessing him a statutory interest penalty. He argues interest should not have accrued until the effective date of this court’s remittitur reinstating his child support obligations for the period his child participated in an American Field Service program in Japan. He also argues child support was not owed until he was provided satisfactory proof none of the contingencies had occurred which would have terminated his child support obligations as a matter of law. Absent this proof, he argues, his withholding of child support payments cannot be deemed “egregious” as is required before penalties may be imposed. We affirm.

FACTS AND PROCEEDINGS BELOW

William and Ursula Hubner were married in June 1975 and separated in October 1979 after a marriage of about four years. Their son, Ryan, with whom William has never had any contact, was bom on March 25, 1980. A judgment of dissolution of marriage was entered in November 1980.

From Ryan’s birth until early 1987, William paid $600 per month in child support. In 1990, in response to Ursula’s petition for increased child support, William was…