Case Details

In a nationally publicized case, Mr. Bloom was retained by a Union City single mother of a disabled child who was the beneficiary of a substantial medical malpractice verdict following her birth. After surviving for 22 years, the child unfortunately passed away without a Will. The father, who lived in New York, had no contact with the mother and never paid child support, appeared to claim his share of the inheritance. Although New Jersey did not have a law that was favorable to the mother and child support laws are usually interpreted to prohibit retroactive payments, Mr. Bloom defended the mother against the absentee father. After extensive arguments and lengthy briefs, the trial court Judge ruled in favor of the father and permitted him to collect ½ of the estate and not have to pay child support. Dissatisfied with this egregious result, Mr. Bloom appealed the issue to the Appellate Division. Unfortunately, the Appellate Division would not create a law that disinherited absentee parents. However, for the first time in a reported decision, the Appellate Division recognized that a parent might be entitled to retroactive child support under the appropriate circumstances. Previously Judges had ordered that a parent seeking child support will be awarded that support only retroactive to the date they filed papers with the court, and not to the date when the need for support arose. It is believed that this ruling will expand the ability of a parent to secure proper care and support for their child when confronted with a non-compliant parent.