Department of Human Services v. Leifester,
721 A. 2d 189 (Me. 1998).




Facts: Wife gave birth to twin sons in 1982. She never requested child support from Husband nor did she initiate court action. Fourteen years later, a petition for child support was filed under the UIFSA. Wife's petition alleged that H was the father and requested a paternity as well as an award for child support. The petition did not specifically request collection of arrearages but it was later amended to include such sums. When the tests came back positive, H stipulated to paternity and agreed to an ongoing amount of money for child support. The court then determined that H owed $21,346 in past child support. H challenged the past child support award.

Issues:
1. Did the court err in allowing the petition to be amended to request retroactive support?
2. Does UIFSA authorize the payment of retroactive support?

Holding: No. Yes. Judgment affirmed.
The Superior Court, determined paternity, established ongoing child support, and ordered father to reimburse mother $21,346 for past child support. Father appealed. The Supreme Judicial Court, held that: (1) superior court did not exceed bounds of its discretion in amending petition to add request for retroactive child support; (2) UIFSA authorized superior court to order father to pay past child support; and (3) superior court correctly computed that father was responsible for $21,346 in past child support


Analysis:The court affirmed the family court's order for retroactive support, holding that the court did not err in accepting an unverified amendment to plaintiff department of human services' uniform support petition, on behalf of mother, and in ordering defendant father to pay retroactive child support in accordance with the petition, as verification was not a requirement of amended pleading and the state law permitted an order for past child support. It is within the sound discretion of a trial court to grant leave to amend a pleading. There was no error in allowing the amendment for retroactive support. UIFSA authorizes the responding state, under its substantive law, to "determine the amount of any arrearages and specify the method of payment." The substantive law of Maine, modeled after the Uniform Act on Paternity, provides for retroactive support.