Kakstys v. Stevens

L.R. JONES, J.S.C.

This ease presents a significant legal issue regarding the effective date for the retroactive establishment of an initial child support obligation in a divorce proceeding. Specifically, the question is whether the court may retroactively set an obligor’s child support obligation (a) only as of the filing date of an actual child support motion (pendente lite or otherwise), or (b) prior to the motion filing date, back to the filing date of the divorce complaint itself. The distinction can in many cases be very substantial, especially when there is a large time gap between the…