Marriage James L. Strawser v. Mary L

James L. Strawser (James) appeals from an order denying his motion to partially recoup child support payments and directing him to pay temporary maintenance to Mary Strawser (Mary) nunc pro tunc as of November 1, 1981. James argues that the trial court (1) did not have jurisdiction to enter a nunc pro tunc order, (2) misused its discretion in approving a retroactive maintenance assessment whose sole purpose was to offset James' recoupment claim, and (3) erred as a matter of law in holding that the statutory presumption of paternity precluded recoupment of child support payments. Because a nunc pro tunc order is only valid for the purpose of correcting the judicial record, not altering it, the trial court erred as a matter of law in retroactively creating a maintenance obligation. We therefore reverse that part of the trial court's order. Because James successfully rebutted the presumption of paternity, the trial court erred in rejecting his motion for recoupment of support payments without stating any equitable grounds for its action. Thus, we also reverse that part of the order and remand for further proceedings.