Robert A. Bonavito, CPA PC

Mallamo v Mallamo Explained by New Jersey Forensic Accountant

Mallamo v Mallamo, a 1995  divorce proceeding within the State of New Jersey, had large ramifications that still reverberate today. The case changed how we view temporary support (Pendente Lite) and retroactive adjustments.

As forensic accountants, we have prepared many analyses that were used in retroactively adjusting Pendente Lite Orders. Our Retroactive Adjustment Report typically revolves around the Case Information Statement "CIS" initially filed when the complaint for divorce was entered. We extensively analyze the CIS statement and make necessary adjustments to provide the judge with an accurate accounting of both party's income and expenses. Based on our analysis, the judge will determine if retroactive adjustments to the temporary support are needed.

In the Mallimo v Mallimo case, the judge retroactively adjusted the Pendente Lite Orders that were entered at the initial start of the case. This set the precedent that temporary  Pendente Lite Orders may be able to be retroactively adjusted. This is a complex area that requires an attorney. Still, you should be aware that when a judge sets temporary support without testimony, there may be opportunities in the future to adjust the Pendente Lite Orders retroactively.

At the end of the trial, a final order replaces any prior entry of a temporary support order.

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