Pearce
Pearce v. Pearce
Opinion
Lead Opinion
White, J.
In open court at a hearing held on August 11, 1976, at which both parties were present and represented by counsel, the trial court made an order for child support. On our own motion we ordered the record on appeal augmented to include the minutes of the hearing on that date before the Honorable Edward L. Brady. The minutes conclude: “Whereupon the Court makes its Order: Child support shall be paid to respondent [former wife] in the amount of $150/mo each child.” There.is no direction in the minutes that either counsel prepare an order. A formal order modifying interlocutory judgment of dissolution was signed and filed October 20, 1976.
A dispute arose as to when husband’s obligation to pay the child support arose. Respondent former wife took the position the child support commenced as of the hearing. Appellant former husband argued that it commenced on October 20, 1976, when the formal order was entered. On March 3, 1977, the court filed its order which provides in pertinent part: “The Court finds that Judge Brady’s order of August 11, 1976 ordering [Appellant] to pay $150.00 per month as and for child support was effective as of the time it was made and uttered in…