The respondent brought a motion to change child support provisions.
A temporary order from February 2005 required the respondent to pay $570 per month for two children based on imputed income of $40,000.
A final order in May 2005 made no reference to child support but included a "without prejudice" clause preserving the applicant's right to seek retroactive support.
The respondent argued he should not have supported the applicant's biological child and that the final order terminated the temporary order.
The court found the "without prejudice" clause gave the applicant the right to seek retroactive support from the date of the final order.
The court imputed income to the respondent and calculated retroactive support from May 2005, accounting for periods of incarceration and the respondent's actual income history.
The respondent was ordered to pay arrears and ongoing support based on his current income.
