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  • 1.  Retroactive Child Support

    Posted 02-24-2018 02:02 PM
    Is there any case law to support a retroactive calculation of child support when custody changed between the parties prior to someone filing a motion ?

    I represent a dad who was awarded temporary custody of his son last year and the case was set for a plenary hearing but the parties settled and child stayed with dad, the other children stayed with mom.  There was never a final order dismissing the matter formalizing the change in custody or recalculating child support.  Dad has continued to be garnished child support as if mom still had custody of all the children. I'm now involved and we're filing a motion for recalculation of child support and would like to ask for it retroactive to when the child was in his custody or at least to when the matter was settled (without any court order)   Is there any case law to support this? can't seem to find any but hopeful that i missed a case somewhere 

    Thank you
    Maritza


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    Maritza Rodríguez
    Rodriguez Law Firm, LLC




  • 2.  RE: Retroactive Child Support

    Posted 02-24-2018 04:26 PM

    There was a recent case that held that requesting child support in a Complaint For Divorce allows a 




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  • 3.  RE: Retroactive Child Support

    Posted 02-24-2018 04:31 PM

    Sorry, previous response got cut off.


    There was a recent case, will try to track down the cite, that held that a request for child support in a Complaint For Divorce allowed a modification of child support back to the Complaint filing date, i.e,, that would not be a retro request.


    Was there a request for child support in the application for custody? If so, same principle should apply.


    Dave Lipshutz




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  • 4.  RE: Retroactive Child Support

    Posted 02-24-2018 04:38 PM

    It's Kakstys v. Stevens, 442 N.J. Super. 501, 505 (Ch. Div. 2015). Plaintiff sought child support retroactive to the date of the parties' separation, which was several months prior to the filing of the divorce complaint on March 28, 2014, and nearly a year before the motion filing date of January 6, 2015. The court denied plaintiff's request for retroactivity to the date of separation, and instead limited the claim for retroactive child support to the date when she first filed a formal child support request within the divorce complaint.

     

    See also

    Cameron v. Cameron, 440 N.J. Super. 158 (Ch. Div. 2014)

     

     

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  • 5.  RE: Retroactive Child Support

    Posted 02-24-2018 06:43 PM
    Malomo v. Malomo is a published opinion that says that any pendente lite support can be modified after all proofs are in.

    Alice M. Plastoris, Esq.
    (973) 538-7070

    Sent from my iPad



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  • 6.  RE: Retroactive Child Support

    Posted 02-24-2018 07:06 PM

    You can't retroactively modify CS on a change in custody (Ohloff v. Ohloff), but the court can impose an obligation on the other parent earlier and thus (at least) zero out any arrears.


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