Close

MEETING OPTIONS DURING THE CORONAVIRUS: The Law Offices of Peter Van Aulen understands your concerns regarding the spread of the Coronavirus, and now offers different meeting options to our clients and those seeking legal representation. All meetings, including initial consultations, can be handled either through the phone, FaceTime, Zoom, or in person.

Retroactive Child Support

The Superior Court of New Jersey dealt with the issue of retroactive child support in a new way in the recent case of Kakstys v. Stevens. In a typical divorce case involving child support, a party will file a complaint for divorce that includes a request for child support, and while the divorce is pending will file a pendente lite motion seeking child support to be paid in the interim until a permanent child support order is put in place. In the Kakstys case, however, a wife filed for divorce and requested child support, but did not file a pendente lite motion for interim child support for 10 months. When she did file for child support, she requested it to be retroactive to the date that she filed her initial complaint for divorce.

New Jersey Anti-Retroactivity Statute

New Jersey has an “anti-retroactivity” statute that only allows a child support modification to be effective back to the date that notice of the motion was filed. In other words, the modification will exist for the time period after the order is in place and for the limited period during which the modification is decided upon.

The Question Before the Court

The question therefore that was to be addressed by the court in Kakstys was whether the anti-retroactivity statute only allowed the child support award retroactive to the date of the filing of the divorce complaint or to the date of the notice of motion for pendente lite support.

The Holding of Kakstys v. Stevens

The court held that the child support order could be retroactive to the date of the filing a divorce complaint that included a request for child support.

Why Did the Court Allow Child Support Retroactive to the Date of the Divorce Complaint?

The court in Kakstys found that the “anti-retroactivity” statute only applied to modifications of existing child support orders, whereas the Kakstys case dealt with an initial child support order, not a modification.

Rule Subject to Judicial Discretion

The court found that it may allow a child support order retroactive to the divorce filing date if it includes a specific claim for child support. However, the court left open room for judicial discretion in similar cases, based on the factual circumstances of each case.

Why Does This Case Matter?

This is a significant case in New Jersey Family Law because of the amount of child support that may be owed by a parent. If a child support order is retroactive only to the date of filing the motion for pendente lite, the amount of “back” child support payments is fairly limited. With the child support order being retroactive to the date of filing the complaint for divorce, the amount of “back” child support owed will be significantly larger. In the Kakstys case, the wife filed her complaint for divorce in March of 2014, and did not file her pendente lite motion until January of 2015, so the difference in Kakstys is a significant 10 months of child support payments.

If you are in need of legal assistance with a child support matter in New Jersey, call the Law Offices of Peter Van Aulen for a consultation.

Sources

N.J.S.A. 2A:17-56.23a

Kakstys v. Stevens (Superior Court of New Jersey Chancery Division, Ocean County, 2015)


Client Reviews
★★★★★
Peter has integrity, and values his relationships with his clients beyond his financial relationship with them. For me to say this about any lawyer is really saying something. He is compassionate, straightforward and knowledgeable. I would easily recommend him to anybody. Lewie W.
★★★★★
Peter Van Aulen handled my case with great diligence and integrity. He is also a compassionate individual who realizes what a difficult time divorce can be emotionally. Peter works hard and doesn't take any shortcuts in preparing for a case… I highly recommend Mr. Van Aulen and his staff. Chuck Solomon
★★★★★
Peter is an exceptionally great attorney. He handled my child custody case and was able to ease any of my concerns with honest answers. He always took the time to explain the pros/cons and was always available to answer any questions that I had… I would highly recommend this attorney to anyone who is looking for one. Jessica Cruz
★★★★★
Peter Van Aulen is a very compassionate, honest and straightforward person. He was there for me at my lowest point with a genuine concern not only for my situation, but for me and my child's well being above all… He is fair and he is strong and when push comes to shove he is there for you. Cathy Dodge
★★★★★
Our cousin used Peter's law office to help with a sticky custody situation. He was extremely responsive, very nice and most importantly did an awesome job with the court! He is awesome. Lawrence Polsky
Contact Us