Published Family Law Opinion from Ky Court of Appeals May 30: Divorce Settlement Incorporated in Decree Which Reserved Child Support Does Not Extinguish Pendente Lite Arrearage

 Wolfe v. Wolfe

Parties entered into a mediation agreement and  advised the trial court that all issues had been settled with the exception of child support. The parties agreed they would supply income information for the child support worksheet. The mediation agreement was silent as to the child support arrearage. The parties dissolution of marriage was entered incorporating the mediation terms. The decree was also silent as to the child support arrearage. After the final degree was entered, the arrearage was brought to the court’s attention in a Motion for Reconsideration. The trial court denied the Motion holding the mediation settled all matters. The Appellate Court reversed and remanded because the mediation did not settle on the child support issue, and any support is for the benefit of the child, and it is fixed once it accrues.