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RENDERED: APRIL 4, 2003; 10:00 a.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky
Court of Appeals
NO. 2001-CA-000420-MR

DEBRA S. HIBBERD APPELLANT

APPEAL FROM JEFFERSON CIRCUIT COURT

v. HONORABLE MARY M.L. COREY, JUDGE
ACTION NO. 97-FC-003516

BENNETT D. CECIL APPELLEE

and
NO. 2001-CA-002720-MR
and
NO. 2002-CA-000353-MR

BENNETT CECIL APPELLANT

APPEALS FROM JEFFERSON CIRCUIT COURT
HONORABLE HUGH SMITH HAYNIE, JUDGE
ACTION NO. 97-FC-003516

DEBRA CECIL, NOW HIBBERD APPELLEE

OPINION
AFFIRMING IN PART, VACATING IN PART AND
REMANDING AS TO APPEAL NO. 2001-CA-000420

AND
AFFIRMING IN PART, VACATING IN PART AND REMANDING
AS TO APPEAL NOS. 2001-CA-002720 AND 2002-000353

** ** ** ** **
BEFORE: EMBERTON, Chief Judge; BARBER and COMBS, Judges.

Jefferson Family Court terminating maintenance, computing interest on maintenance arrearages, and computing child support arrearages. Dr. Bennet D. Cecil, her former spouse, appeals from the order modifying his child support obligation which also directed him to pay the tuition of his daughter=s private school. He appeals as well from an order correcting an alleged clerical error in the court=s arrearage calculations. The appeals have been consolidated for our review. With respect to both appeals, we affirm in part, vacate in part, and remand.
Dr. Cecil and Ms. Hibberd were married on May 7, 1973;
they separated in March 1992 and were divorced in November 1992.
The terms of the divorce decree provided that Dr. Cecil should
pay $2,850 per month to Ms. Hibberd in support of his three
minor children and $3,000 per month for ten years as
maintenance. Ms. Hibberd remarried on January 2, 1998.

On March 28, 2000, following the emancipation of two of his three children, Dr. Cecil filed a motion to reduce his child support obligation. More than a year later, a hearing was held before the court=s domestic relations commissioner (the DRC). Following the DRC=s recommendation, the family court eventually reduced Dr. Cecil=s child support obligation to $896.86 per month. However, the modification was ordered to apply to installments accruing subsequent to April 20, 2001, subsequent to March 28, 2000 (the date of Dr. Cecil=s motion requesting the modification). In addition, the court ordered Dr. Cecil to pay 74% of the costs of his daughter=s final year of attendance at a parochial high-school. Dr. Cecil=s appeal followed.
Dr. Cecil contends that the family court erred in two
respects. First, he cites the order that he pay a portion of
the costs of private school tuition. Second, he claims error as
to the effective date of the modification of his child support
obligation: its failure to pertain to installments accruing
subsequent to the filing of his motion, selecting instead the
later date of the hearing

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Kentucky Law