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317 Conn. 290
Conn.
2015
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Background

  • 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)
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Case Details

Case Name: Rostad v. Hirsch
Court Name: Supreme Court of Connecticut
Date Published: Jun 23, 2015
Citations: 317 Conn. 290; 116 A.3d 307; SC19315
Docket Number: SC19315
Court Abbreviation: Conn.
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    Rostad v. Hirsch, 317 Conn. 290