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Ultimately, the issue is subject to the discretion of the court, based on the case specific factual circumstances and equities presented.

The court held that Susan’s claim for retroactive child support was not forfeited, but actually preserved for trial.

Also, if Douglass alleges that during the same time period he made other financial payments and should receive an equitable credit such retroactive support, he can submit his evidence through discovery and trial as well.

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In divorce a pendente lite order is often used to provide for the support of the lower income spouse while the legal process moves ahead.

The parties ultimately settled some of their parenting issues through negotiation and mediation.

However, efforts to resolve the rest of the case failed, and numerous issues, including the issue of child support, remained unresolved.

It does not matter if a motion for child support was either not filed, or not filed until sometime after the filing of the complaint. During the course of the marriage they had two children together, twins, H. On or about March 28, 2014, Susan filed a complaint for divorce.

Finally, the court stated that such a retroactive nature would not violate the terms or spirit of New Jersey’s anti-retroactivity statute, N. She sought various forms of relief against Douglass.

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