Jarrett v. Jarrett

Bell, Justice.

This case, stemming from a granted application to appeal, raises two issues. The first concerns whether a trial court may modify child support retroactively. The second issue concerns the validity of a provision requiring that an ex-husband’s child-support obligation be modified annually based on his annual gross income, providing that the change never be downward. We affirm in part and reverse in part.

The appellant ex-husband, Daniel Jarrett, and the appellee ex-wife, Linda Jarrett, were divorced in October 1979. The divorce decree provided that Daniel pay Linda $25 per child…