Goheen v. Koester

EARL W. SMITH, Retired Justice,

concurring and dissenting.

I agree with the majority opinion that the trial court’s judgment which awards attorney fees to Lisa which are properly alloca-ble to her attorney’s representation of Gary is error. However, I would sustain that portion of the trial court’s judgment which failed to grant Lisa retroactive child support to the date of Mallory’s birth.

The' majority goes to great lengths to misconstrue a statute on an issue which is not before us. During oral argument Lisa’s attorney candidly admitted that no constitutional issue was raised in a point of…