Superior Court - 3/5/2008 - SHEILA T. KREBS (NKA: SHEILA T. JOHNSON), Appellant at 1637 v. WILLIAM A. KREBS, III, Appellant at 1638

SHEILA T. KREBS (NKA: SHEILA T. JOHNSON), Appellant at 1637 v. WILLIAM A. KREBS, III, Appellant at 1638
No. 1637 & 1638 EDA 2007 2008 PA Super 29 Atlantic: n/a Filed: 3/5/2008
Appeal from the Order entered May 29, 2007 In the Court of Common Pleas of Chester County Domestic Relations, No. 1279N1997 PACSES No. 598001611
Before: KLEIN, GANTMAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
Appellant/Cross-Appellee, Sheila T. Krebs n/k/a Sheila T. Johnson (“Mother”) and Appellee/Cross-Appellant, William A Krebs, III (“Father”), appeal from the order entered in the Chester County Court of Common Pleas, which granted Mother’s 2006 petition to modify the parties’ existing child support order, upon finding that Father knowingly misrepresented substantial increases in his income from 2001 to 2005, applied Father’s support arrearages retroactively to 2004, and set a payment schedule for arrears of $590.00 per month.


"Mother asks us to determine whether the court erred in declining to order Father’s support arrearages retroactive to 2001 when Father began to conceal increases in his actual income. Father asks us to determine whether the evidence of record supported the court’s decision to impose retroactive child support payments beyond the date Mother filed the modification petition. We hold the trial court properly found compelling reasons warranted child support arrearages retroactive to a date prior to Mother’s support modification petition but erred in limiting that retroactivity only to May 21, 2004 rather than extending it to January 1, 2001, when Father first failed to report the substantial increases in his income."