Search Rutgers Law Library N.J. Court Opinions

31 ROBERT COLES v. DARLENE PINN-WILSON -- rank: 731

... of fact and conclusions of law make no mention of N.J.S.A. 2A:17-56.23a, which bans retroactive modification of child support for a ... the central issue raised by this appeal, which is whether N.J.S.A. 2A:17-56.23a applies so as to prevent a retroactive increase in ... 1999), we held that nothing in the legislative history of N.J.S.A. 2A:17-56.23a suggests that the Legislature intended to prohibit retroactive modifications ... child support for the benefit of a child, nothing in N.J.S.A. 2A:17-56.23a should be permitted to interfere with such a result. Ibid. We determined that N.J.S.A. 2A:17-56.23a prohibits retroactive decreases in child support, but not retroactive ... Appendix IX-B to R. 5:6A at 2307 (2008). N.J.S.A. 2A:17-56.23a provides in pertinent part that "[n]o payment ...

docket:	a5629-06
court:	njappellate
decided:	2008-03-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38131

32 STATE OF NEW JERSEY v. LAZAROS TSITSOULAS -- rank: 724

... warrant automatically suspends an obligor's driver's license. See N.J.S.A. 2A:17-56.41a. The judge also determined defendant was aware of but ... 40. POINT II: SINCE THE NOTICE REQUIREMENTS SET FORTH IN N.J.S.A. 2A:17-56. 41 AND R. 5:7-5 WERE NOT FOLLOWED, DEFENDANT ... the issuance of a child support related arrest warrant. See N.J.S.A. 2A:17-56.41(a). It is statutorily mandated that the driver's ... the Probation Division failed to adhere to the provisions of N.J.S.A. 2A:17-56.41(a) and Rule 5:7-5, warranting the reversal of his conviction. N.J.S.A. 2A:17-56.41(a) provides in relevant part: If . . . a child support ... 5:7-5(e)(1) stated essentially the same as N.J.S.A. 2A:17-56.41a. If the Family Part court erred by issuing ...

docket:	a3963-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-29
status:	unpublished
citation:
Document Size:	37079

33 M.R v. D.H -- rank: 724

... 2 requested a child support judgment search as required by N.J.S.A. 2A:17- 56.23b(b)(2), the attorney was advised of the outstanding ... child support judgments may be prioritized over other judgments under N.J.S.A. 2A:17-56.23b, 'the statute, by its own terms, did not carve ... Actions. B. The Legislature Was Aware Of The Provisions Of N.J.S.A. 2A:17-56.23b. C. The Vacating Of The Judgment Is Against Public ... v. Churchdale Leasing, Inc., 115 N.J. 83, 101 (1989)). N.J.S.A. 2A:17-56.23b(b)(2) imposes a duty upon attorneys, insurance companies ... against the net proceeds of any settlement or other recovery. N.J.S.A. 2A:17-56.23b(a). The statute further provides that the lien shall ... limitations law generally applicable to all judgments. To the contrary, N.J.S.A. 2A:17-56.23a expressly states that child support judgments, 'once docketed ...

docket:	a1552-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-06
status:	Unpublished
citation:
Document Size:	13105

34 R&K ASSOCIATES, LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 724

... stated legislative intent"). For example, Simpkins concerned the interpretation of N.J.S.A. 2A:17:-56.23b, a statutory provision providing that docketed child support judgments ... the prevailing party or beneficiary after . . . 'litigation costs." Ibid. (quoting N.J.S.A. 2A:17-56.23b(a)). The term "net proceeds" appeared throughout N.J.S.A. 2A:17-56.23b. Id. at 32. On appeal, the Administrative Office of ... the statutory definition of net proceeds should be applied in N.J.S.A. 2A:17-56.23b(b)(2), but sought to have this court "ignore ... in defining the term "in many other passages." Ibid. ; see N.J.S.A. 2A:17-56.23b(a)-(f). In rejecting the argument in Simpkins that in certain subsections of N.J.S.A. 2A:17-56.23(b) the term "net proceeds" should include the " ...

docket:	a4177-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-10
status:	unpublished
citation:
Document Size:	61379

35 FRANCINE MONIQUE WHITE v. RICHARD ST. PAUL -- rank: 721

... either party demonstrates good cause to establish an alternative arrangement. N.J.S.A. 2A:17-56.8; R. 5:7-5(b); see also Sternesky v ... limit on the amount of a garnishment is found in N.J.S.A. 2A:17-56.9, which provides that the total sum withheld must not ...

docket:	a1049-09
court:	superior court appellate division
decided:	2011-01-04
status:	Unpublished
citation:
Document Size:	31629

36 /usr/local/share/www/libweb/collections/courts/appellate/a4172-18.opn.html -- rank: 718

... Defendant asserts the trial court erred in its application of N.J.S.A. 2A:17-56.23a in only terminating child support as of the day ... child support obligation following his ALS [diagnosis],' therefore he found N.J.S.A. 2A:17-56.23a barred the retroactive vacating of arrears. The judge noted ... App. Div. 2020). Defendant argues the judge erred by finding N.J.S.A. 2A:17-56.23a barred the vacation of arrears prior to his filing date. N.J.S.A. 2A:17-56.23a prohibits retroactive modification of child support and child support ... established prior to or subsequent to the effective date of [N.J.S.A. 2A:17-56.23a], shall be retroactively modified by the court except with ... from the date the motion is filed with the court. [N.J.S.A. 2A:17-56.23a.] Pursuant to the statute, a court may retroactively ...

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37 JACQUELINE KELLY v. VINCENT KELLY -- rank: 718

... to file the IV-D form required by the PSA, N.J.S.A. 2A:17-56.23a barred retroactive application of his child support obligation to December 29, 2012. Relying on N.J.S.A. 2A:17-56.23a, the trial judge set child support at $175 per ... the PSA; (2) the doctrine of laches applies; and (3) N.J.S.A. 2A:17-56.23a bars plaintiff's request for child support retroactive to ... the date she and the child vacated the marital home. N.J.S.A. 2A:17-56.23a does not apply here. That statute applies to a ... 285 N.J. Super. 638 , 639 (App. Div. 1995) (stating N.J.S.A. 2A:17-56.23a "bars retroactive modification of child support arrearages"). The statute ... to the support amount. Accordingly, the judge erred in applying N.J.S.A. 2A:17-56.23a to set the retroactive date of defendant's ...

docket:	a5834-13
court:	NJ Superior Court Appellate Division
decided:	2016-05-09
status:	unpublished
citation:
Document Size:	26243

38 /usr/local/share/www/libweb/collections/courts/appellate/a2289-20.opn.html -- rank: 718

... is appropriate under Rule 4:50-1(c) and (f), N.J.S.A. 2A:17- 56.23a, and the equitable doctrines of laches and unjust enrichment ... of arrears accruing prior to the filing date due to N.J.S.A. 2A:17-56.23a. The court found defendant admitted receiving notice of the ... three legal pathways: Rule 4:50-1(c) and (f); N.J.S.A. 2A:17-56.23a; or the equitable doctrines of laches and unjust enrichment ... he characterizes as a 'misrepresentation in income' in finding that N.J.S.A. 2A:17-56.23a barred the vacation of arrears prior to his filing date. N.J.S.A. 2A:17-56.23a prohibits retroactive modification of child support and child support ... s income, and we are satisfied the court correctly applied N.J.S.A. 2A:17-56.23a. On the equities, defendant has pointed to nothing ...

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39 /usr/local/share/www/libweb/collections/courts/trial/harrington-v-harrington.opn.html -- rank: 718

... contends that, pursuant to New Jersey's anti-retroactivity statute, N.J.S.A. 2A:17-56.23a, the court should not permit plaintiff to retroactively decrease ... relief, or forty-five days earlier upon written notice. Specifically, N.J.S.A. 2A:17-56.23a states in pertinent part: [N]o payment or installment ... established prior to or subsequent to the effective date of [N.J.S.A. 2A:17-56.23a], shall be retroactively modified by the court except with ... 8 emancipation, without violating New Jersey’s anti-retroactivity statute, N.J.S.A. 2A:17-56.23a. The Mahoney court permitted the emancipation of two children ... circumstance. In Mahoney, the court stated: “We hold . . . that N.J.S.A. 2A:17-56.23a does not bar the cancellation of 9 child support ... or does such modification violate the anti- retroactivity provisions of N.J.S.A. 2A:17-56.23a as relating to the unemancipated children? In a ...

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40 PEARL SEIDEN v. JAMES M. NEWMAN -- rank: 715

... c. 92, L. 1990, effective October 1, 1990, codified at N.J.S.A. 2A:17-56.9a, to comply with this federal mandate. At that time, N.J.S.A. 2A:17-56.9a required the New Jersey Department of Human Services (DHS ... with the child support guidelines. To implement the provisions of N.J.S.A. 2A:17-56.9a, the Court adopted R. 5:6-6, effective October ... for adjustment of the child support award . . . in accordance with N.J.S.A. 2A:17-56.9a." However, the triennial review process suffered from backlogs and ... L. 1998, effective March 5, 1998. Section 20 thereof amended N.J.S.A. 2A:17-56.9a to provide that the periodic review requirement of Title ... proscription against retroactive modification of child support orders contained in N.J.S.A. 2A:17-56.23a is inapplicable. Additionally, we note that the COLA ...

docket:	a5141-03
court:	njappellate
decided:	2005-12-08
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	91490

41 LINDA HILDEBRAND v. LINDA HILDEBRAND -- rank: 705

... argued that defendant had no remedy for this overpayment because N.J.S.A. 2A:17-56.23a does not permit the retroactive modification of child support ... SEVRIN [counsel for plaintiff]: No, I wouldn't, Judge, because [ N.J.S.A. ] 2A:17-56[.23a] says that there's no retroactive modification. THE COURT ... 57 weekly expense represented "child support" within the meaning of N.J.S.A. 2A:17-56.23a. As a result, the judge determined that defendant had ... expenses constituted a retroactive modification of child support prohibited by N.J.S.A. 2A:17-56.23a. The trial judge rejected this contention, and other aspects ... constitute "child support" of the type that, by authority of N.J.S.A. 2A:17-56.23a, may not be modified retroactively. Cf. Keegan v. Keegan ... intended to insulate from retroactive modification by its enactment of N.J.S.A. 2A:17.56.23a.     We also reject, in this regard, plaintiff's ...

docket:	a5037-03
court:	njappellate
decided:	2005-09-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	35564

42 CHERYL VAUGHAN v. THOMAS VAUGHAN -- rank: 702

... grant retroactive modification back to July 20, 2009, incorrectly disregarded N.J.S.A. 2A:17-56.23a, which entitles an obligor to the benefit of retroactivity ... At the same time, wary of the "anti-retroactivity statute," N.J.S.A. 2A:17-56.23a, defendant's attorney contacted plaintiff's attorney proposing that ... Twp. Comm. of Manalapan , 140 N.J. 366 , 378 (1995). N.J.S.A. 2A:17-56.23a provides a limitation on the extent to which a ... from the date the motion is filed with the court. [ N.J.S.A. 2A:17-56.23a.] When the parties to a matrimonial dispute reach an ... the parties intended." Id. at 266. Applying the provisions of N.J.S.A. 2A:17-56.23a and the precepts of Pacifico to the present dispute ... judge failed to consider, much less apply, the provisions of N.J.S.A. 2A:17-56.23a, which permits a judge to grant retroactive modification ...

docket:	a3302-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-04
status:	unpublished
citation:
Document Size:	27635

43 S.E. v. B.S.B -- rank: 689

... reached twenty-three years of age in November 2016. See N.J.S.A. 2A:17-56.67(a)(1) (setting presumptive age of nineteen years for ... 24, 2017. A-0485-17T2 2 in exceptional circumstances. See N.J.S.A. 2A:17-56.67(e)(2) (permitting court to convert child support to ... Super. at 214-18. After our decision, the Legislature enacted N.J.S.A. 2A:17-56.67, which became effective February 1, 2017, and therefore applied ... due to exceptional circumstances including . . . a mental or physical disability.' N.J.S.A. 2A:17-56.67(e). The Legislature, nevertheless, left unchanged N.J.S ...

docket:	a0485-17
court:	NJ Superior Court Appellate Division
decided:	2018-10-03
status:	Unpublished
citation:
Document Size:	17640

44 SUNIL K. TEWARSON v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES -- rank: 689

... the New Jersey Child Support Improvement Act (Support Improvement Act), N.J.S.A. 2A:17-56.53 and 56.57. Spuler v. Dep't of Human ... the authority to "secure assets to satisfy [child support] arrearages." N.J.S.A. 2A:17-56.53(g). "The [Support Improvement Act] authorizes DHS to conduct ... arrears." Spuler , supra , 340 N.J. Super. at 550 (citing N.J.S.A. 2A:17-56.53(g)(2) and -56.57(d)). The Financial Institution ... made." Id. at 550-51 (first alteration in original) (quoting N.J.S.A. 2A:17-56.57(a)). Once a bank levy freezing access to the ... instructed on how to contest the agency's action. See N.J.S.A. 2A:17-56.57(d) ("In response to a notice of lien or ...

docket:	a3413-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-22
status:	unpublished
citation:
Document Size:	20416

45 /usr/local/share/www/libweb/collections/courts/appellate/a2386-16a0122-17.opn.html -- rank: 686

... by not acknowledging or adhering to the full context of N.J.S.A. 2A:17- 56.23(a) by not applying [the] over payment of alimony ... and that Aaron believes this to be a violation of N.J.S.A. 2A:17-56.23(a). Specifically, he believes because his alimony obligation was ... to probation enforcement and collection. Id. at 209; see also N.J.S.A. 2A:17- 56.52. B. As we noted, Aaron sought custody of the ...

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