Ostmann v. Ostmann

In Ostmann v. Ostmann, 168 Ohio App.3d 59, 2006 Ohio 3617, 858 N.E.2d 831, the court of appeals stated that "while a court has the authority to vacate or modify its own orders during the pendency of an action, such a modification should only be prospective in nature." Id. at P42. In Ostmann, the lower court's final judgment, entered on April 13, 2004, ordered the appellant to pay child support retroactive to November 10, 2003. Id. at P37. A temporary support order, however, had existed since December 2002. Id. at P2, P39. The court of appeals found the retroactive award in the final decree "increased the child support and retroactively applied that increase to the period between the start of the trial and the final judgment entry, during which time the prior temporary order was in effect." Id. at P43.