Search Rutgers Law Library N.J. Court Opinions

16 DEBRA A. PAGLIARO v. WILLIAM C. DeBOER -- rank: 726

... was incarcerated and Nathaniel lived with his grandparents. We disagree. N.J.S.A. 2A:17-56.23a, the anti-retroactive child support statute, provides: No payment or ... motion was mailed either directly or through the appropriate agent. " N.J.S.A. 2A:17-56.23a was enacted to insure that ongoing support obligations that became ... ban on retroactive reduction or elimination of child support in N.J.S.A. 2A:17-56.23a does not preclude termination of child support retroactively to the ... supra , 285 N.J. Super. at 643, we held that " N.J.S.A. 2A:17-56.23a does not bar the cancellation of child support arrearages which ...

docket:	a3961-12
court:	NJ Superior Court Appellate Division
decided:	2016-02-17
status:	unpublished
citation:
Document Size:	28223

17 PAMELA A. SCHVEY v. ROBERT M. SCHVEY -- rank: 722

... modification of child support during that period was prohibited by N.J.S.A. 2A:17-56.23a. Defendant claims that eradication of all arrears did not fully ... must be adjusted on remand. "Prior to the enactment of [ N.J.S.A. 2A:17-56.23a], modification or extinguishment of child support arrears was addressed to ... N.J. Super. 8 , 13 (App. Div. 1995). Pursuant to N.J.S.A. 2A:17-56.23a, a child support payment "shall be a judgment by operation ... 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 respect ...

docket:	a1781-07
court:	NJ Superior Court Appellate Division
decided:	2009-09-21
status:	unpublished
citation:
Document Size:	67595

18 MARIA R. ORTIZ v. LUIS H. ORTIZ -- rank: 706

... to college."). The prohibition against retroactive modification of child support, N.J.S.A. 2A:17-56.23a, does not bar the recalculation of support to account for ... N.J. Super. 638, 643 (App. Div. 1995) (stating that N.J.S.A. 2A:17-56.23a does not "bar termination of child support retroactively to the ... Although retroactive reduction of child support is not prohibited by N.J.S.A. 2A:17-56.23a, the trial judge retains equitable power to fashion orders to ...

docket:	a1439-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-25
status:	unpublished
citation:
Document Size:	42280

19 NEIL REDNOR v. CHRISTINE REDNOR -- rank: 702

... relating to her care of Melinda dating back to 2013. N.J.S.A. 2A:17-56.23a clearly bars retroactive modification of child support. B. Defendant's ...

docket:	a5465-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-02
status:	Unpublished
citation:
Document Size:	34486

20 CHRISTINE MELANSON v. PATRICK MELANSON -- rank: 702

... amount, but, relying on the child support anti-retroactivity statute, N.J.S.A. 2A:17-56.23a, he denied defendant's request to make the adjustment retroactive ... wishes, to which plaintiff completely acquiesced. He further argues that N.J.S.A. 2A:17-56.23a does not bar retroactive modification of support to a date ... the judge's refusal to find an equitable exception to N.J.S.A. 2A:17-56.23a. Any such exceptions are highly fact sensitive. Mahoney v. Pennell ...

docket:	A0131-05
court:	NJ Superior Court Appellate Division
decided:	2006-07-26
status:	unpublished
citation:
Document Size:	42715

21 KIM INTERNOSCIA v. DAVID INTERNOSCIA -- rank: 682

... the judge relied upon the so-called anti-retroactivity statute, N.J.S.A. 2A:17-56.23a. That statute generally precludes the reduction of child support after ... dictates of the anti-retroactivity statute. The statute at issue, N.J.S.A. 2A:17-56.23a, provides in its present amended form: No payment or installment ... change in circumstances associated with the increased overnight visits. See N.J.S.A. 2A:17-56.23a. Although we appreciate that the support adjustment issue was being ...

docket:	a5542-06
court:	njappellate
decided:	2008-04-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	34513

22 /usr/local/share/www/libweb/collections/courts/appellate/a2225-20.opn.html -- rank: 678

... to the 2013 amendments, however because the anti-retroactivity statute, N.J.S.A. 2A:17-56.23a, limits the credit to being calculated only for the A ... 2020, the date defendant filed his last modification motion. See N.J.S.A. 2A:17-56.23a. Here, it is undisputed that the motion judge did not ... modification is expressly limited to that period by statute. See N.J.S.A. 2A:17- 56.23a. 5 The judge's calculation of defendant's obligation as ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	49866

23 R.F. v. J.S. -- rank: 670

... court's grant of Mother's motion was contrary to N.J.S.A. 2A:17-56.23a. That statute provides that '[n]o payment or installment of ... period during which there is a pending application for modification.' N.J.S.A. 2A:17-56.23a. The statute 'was designed to comply with' the federal Omnibus ... see the order as falling within the express language of N.J.S.A. 2A:17-56.23a, we conclude that the reduction of Mother's child support ...

docket:	a0255-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-13
status:	Unpublished
citation:
Document Size:	19611

24 DAISY D. PASCUAL v. JOSEPH J. KOLLMER -- rank: 658

... expenses because of his delay in seeking relief and because N.J.S.A. 2A:17-56.23a prohibits retroactive modification of child support. In the October 27 ... issue and again denied relief, relying on the mandate of N.J.S.A. 2A:17-56.23a. In appealing, defendant argues: I. THE TRIAL COURT ERRED IN ... the experienced Family judge correctly applied the mandate contained in N.J.S.A. 2A:17-56.23a, which precludes the downward modification of child support to a ...

docket:	a1853-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-21
status:	unpublished
citation:
Document Size:	9800

25 J.S. v. L.S. -- rank: 654

... argues that the resolution of this dispute does not implicate N.J.S.A. 2A:17-56.23a. That argument is of little consequence to this case, since we do not rest our decision on that statute. N.J.S.A. 2A:17-56.23a was enacted to aid enforcement of child support orders or ... relief as of the date defendant's motion was filed. N.J.S.A. 2A:17-56.23a. The court's denial of defendant's motion for reimbursement ...

docket:	A2322-05
court:	NJ Superior Court Appellate Division
decided:	2006-12-15
status:	published
citation:	389 N.J. Super. 200 912 A.2d 180
Document Size:	39669

26 S.M v. R.R.C. -- rank: 650

... September 24, 2018 order. Although the court noted, '[g]enerally, N.J.S.A. 2A:17-56.23a[] bars the retroactive modification of child support,' she found the ... support. N.J.S.A. 2A:34-23(a)(1). N.J.S.A. 2A:17-56.23a generally prohibits retroactive modification of an existing child support order ... circumstances allowing for a retroactive modification of child support, notwithstanding N.J.S.A. 2A:17-56.23a. See Bowens v. Bowens, 286 N.J. Super. 70, 73 ...

docket:	a1020-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-22
status:	Unpublished
citation:
Document Size:	30716

27 JON ANDREW DRESSNER v. LISA MARIE DRESSNER -- rank: 650

... motion was mailed either directly or through the appropriate agent. [ N.J.S.A. 2A:17-56.23a.] The plain language of this statute prohibits retroactive modification of ... Super. 498 , 514 (App. Div. 1996). With the exception of N.J.S.A. 2A:17-56.23a, "the retroactivity decision is left to the sound discretion of ... Chancery Court's order did not violate the provisions of N.J.S.A. 2A:17-56.23a and we discern no abuse of discretion in the decision ...

docket:	a3326-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-28
status:	unpublished
citation:
Document Size:	22117

28 GEORGE SMUDIN v. CHRISANNE SMUDIN -- rank: 646

... The court concluded that the so-called anti-retroactivity statute, N.J.S.A. 2A:17-56.23a, precluded a retroactive reduction in the more than $70,000 ... the termination of child support, consideration must be given to N.J.S.A. 2A:17-56.23a, which prohibits the retroactive modification of child support "except with ... Mahoney is instructive on the issue here. It holds that " N.J.S.A. 2A:17-56.23a does not bar the cancellation of child support arrearages which ...

docket:	a1525-14
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	17639

29 /usr/local/share/www/libweb/collections/courts/supreme/a1525-14.opn.html -- rank: 646

... The court concluded that the so-called anti-retroactivity statute, N.J.S.A. 2A:17-56.23a, precluded a retroactive reduction in the more than $70,000 ... the termination of child support, consideration must be given to N.J.S.A. 2A:17-56.23a, which prohibits the retroactive modification of child support "except with ... Mahoney is instructive on the issue here. It holds that " N.J.S.A. 2A:17-56.23a does not bar the cancellation of child support arrearages which ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	17668

30 MIRIAM EBSWORTH EISENSTEIN v. IRWIN R. EISENSTEIN -- rank: 626

... N.J. Super. 638 , 643 (App. Div. 1995). Nothing in N.J.S.A. 2A:17-56.23a is to the contrary. The retroactive modification of child support obligations is generally governed by N.J.S.A. 2A:17-56.23a, which provides: No payment or installment of an order for ... time. 241 N.J. Super. at 11. In considering whether N.J.S.A. 2A:17-56.23a barred cancellation of such amounts as would become due "after ...

docket:	a4463-04
court:	njappellate
decided:	2007-01-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	74072