317 Conn. 290
Conn.2015Background
- Plaintiff Turi Rostad brought a paternity action against defendant Leon Hirsch seeking child support, ‘‘special child support,’’ attorney’s fees, statutory interest, and past due support for her minor son.
- The trial court entered awards (including pendente lite attorney’s fees and various past-due support and fee awards); both parties appealed aspects of that judgment to the Appellate Court.
- The Appellate Court affirmed the trial court. Rostad v. Hirsch, 148 Conn. App. 441, 85 A.3d 1212 (2014).
- The Connecticut Supreme Court granted certification on several issues raised by both parties, including disputed past-due support periods, interest on attorney’s fees while on appeal, and a large award of additional attorney’s fees.
- After review of the record and briefs, the Supreme Court concluded certification was improvidently granted and dismissed the appeal and cross-appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court properly awarded past-due child support for May 1, 2008–Jun 1, 2009 | Rostad sought recognition and collection of past-due support for that period | Hirsch contested the award (claimed it was improper) | Appeal dismissed for improvident certification; no substantive review by Supreme Court |
| Whether interest under Conn. Gen. Stat. § 37-3a applies to attorney’s fees while fee order was on appeal | Rostad sought interest on the pendente lite attorney’s fee award | Hirsch argued interest was not properly awarded for the appeal period | Appeal dismissed for improvident certification; no substantive review by Supreme Court |
| Whether trial court properly awarded $127,552.58 in additional attorney’s fees | Rostad sought affirmation of additional fee award | Hirsch challenged the propriety/amount of the additional fee award | Appeal dismissed for improvident certification; no substantive review by Supreme Court |
| Whether Rostad was entitled to back child support for May 15, 2005–Apr 30, 2008 under guidelines/Maturo | Rostad argued she should receive back support under the guidelines and Maturo v. Maturo | Hirsch opposed award for that earlier period | Cross-appeal dismissed for improvident certification; no substantive review by Supreme Court |
Key Cases Cited
- Rostad v. Hirsch, 148 Conn. App. 441 (affirming trial court on appeal)
- Rostad v. Hirsch, 311 Conn. 948 (2014) (certification order addressing issues presented)
- Rostad v. Hirsch, 311 Conn. 949 (2014) (cross-certification order)
- Maturo v. Maturo, 296 Conn. 80 (2010) (child support guideline interpretation)
