The case before us is easily distinguished from Koval v. Brinton. First, I cannot say the judge had sufficient evidence before him to “craft a fair and sensible solution”. The sole evidence the judge had before him regarding undue hardship and retroactivity of support was an affidavit that contained the mother’s responses to specific questions asked by the judge. She was not afforded an opportunity to reply on the issues in play in a meaningful way. Second, Koval v. Brinton can further be distinguished on the basis that the order did not operate retroactively (see para. 67). Finally, the underlying proceedings have severe ramifications. Let me explain.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.