Legal Opinion

In re the Marriage of Abercrombie

Court of Appeals of Washington

Decided January 29, 2001No. 45618-1-IPublishedCited by 5 opinions

1Per curiam

Characterizing a provision for child support adjustments in a dissolution decree as “self-executing,” David Abercrombie seeks a retroactive calculation of his support obligation over the past 10 years. Such a retroactive adjustment is prohibited by statute. We affirm.

FACTS

David M. Abercrombie and Paula L. Congleton1 agreed to a decree of dissolution in 1989, which provided that Abercrombie would pay $1,000 per month for support of the parties’ two children. Because the parties’ circumstances were unsettled, the decree contained the following provisions under paragraph 5:

D. Annual Increase:

Fath…

2Cases cited5 opinions

  1. Kruger v. KrugerCourt of Appeals of Washington · 1984
  2. In Re the Marriage of PetersonCourt of Appeals of Washington · 1995
  3. In re the Marriage of BriscoeWashington Supreme Court · 1998
  4. In Re Marriage of BriscoeWashington Supreme Court · 1998
  5. Matter of Marriage of McDanielCourt of Appeals of Washington · 1997

3Cited by5 opinions

  1. Mecum v. Department of Social & Health ServicesCourt of Appeals of Washington · 2009
  2. In re the Marriage of AyyadCourt of Appeals of Washington · 2002
  3. In re the Marriage of AbercrombieCourt of Appeals of Washington · 2001
  4. In re the Marriage of WatersCourt of Appeals of Washington · 2002
  5. In re the Marriage of KahleCourt of Appeals of Washington · 2006

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