Category: Retroactive Orders

Overson v. Overson

Where a case has been timely appealed, upon remand, the trial court can retroactively adjust any portion of the original judgment covered by the remand, including considering the effect of the original erroneous order on payments made during the time the case was on appeal.

Marriage of DeLaMatter v. DeLaMatter

At time of divorce, maintenance was $100 per week in temporary order. Decision was not made for 7 months – then maintenance was increased to $300 per week RETROACTIVE to date of divorce. Court of Appeals finds issue moot, since it is remanding for reconsideration of maintenance. But, court notes that certain maintenance orders can be made retroactively under Overson.