Search Rutgers Law Library N.J. Court Opinions

1 DEIRDRE R. SCOTT v. MALANEY HILL -- rank: 1000

... obligation. Because we are convinced the court erred by determining N.J.S.A. 2A:17-56.23a barred its consideration of defendant's claim for a credit ... court found it was barred by the 'anti-arrearage' statute, N.J.S.A. 2A:17-56.23a, from providing defendant with a credit against the arrears for ... his modification motion. Defendant argues the court erred by finding N.J.S.A. 2A:17-56.23a barred the award of a credit against the child support ... entitled to a credit against his future child support obligations. N.J.S.A. 2A:17-56.23a prohibits retroactive modification of child support and child support arrearages ... motion was mailed either directly or through the appropriate agent. [N.J.S.A. 2A:17-56.23a.] Prior to the statute's enactment, 'New Jersey adhered to ... motion was mailed either directly or through the appropriate agent.' N.J.S.A. 2A:17-56.23a. The statute 'was enacted to [ensure] that on-going ...

docket:	a1075-17
court:	NJ Superior Court Appellate Division
decided:	2018-10-10
status:	Unpublished
citation:
Document Size:	26634

2 WINIFRED PRYCE v. V. PATRICK ANTHONY SCHARFF -- rank: 979

... and penalties, income withholding, attorney's fees and other relief. [ N.J.S.A. 2A:17-56.23a, enacted in 1988, specifically provides that [a]ny payment or ... 4:42-11 for all other judgments: In accordance with N.J.S.A. 2A:17-56.23a, past-due child support payments are a judgment by operation ... emphasis added.] The statute cited in R. 5:7-5, N.J.S.A. 2A:17-56.23a, requires that "[a]ny payment or installment of an order ... three years, the automated filing of judgments in accordance with N.J.S.A. 2A:17-56.23a has improved the collection of past-due support. Judgment debtors ... to a court order." I d. at 32. But once N.J.S.A. 2A:17-56.23a "made all child support payments a judgment by operation of ...

docket:	A2190-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-27
status:	published
citation:
Document Size:	92111

3 GINA IDELL v. MICHAEL IDELL -- rank: 955

... of res judicata and collateral estoppel, the anti-retroactivity statute ( N.J.S.A. 2A:17-56.23a), lack of a hearing on defendant's alleged disability, Rule ... Plaintiff further argues that the child support anti-retroactivity statute, N.J.S.A. 2A:17-56.23a, bars retroactive reduction of the child support order. We disagree ... in plaintiff being overpaid child support at defendant's expense. N.J.S.A. 2A:17-56.23a prohibits retroactive modification of child support and child support arrearages ... 20 16 support.' Keegan, 326 N.J. Super. at 291. N.J.S.A. 2A:17-56.23a does not preclude correcting overpayments or the failure to properly ... child.' 389 N.J. Super. 443, 452 (App. Div. 2006). N.J.S.A. 2A:17-56.23a did not bar defendant's motion. Rather, retroactive reduction or ... original request for modification was April 1, 2009. Pursuant to N.J.S.A. 2A:17-56.23a, and 42 U.S.C. § 666(a)(9)( ...

docket:	a3662-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-12
status:	Unpublished
citation:
Document Size:	42794

4 /usr/local/share/www/libweb/collections/courts/appellate/fm-13-0901-13.opn.html -- rank: 939

... Super. 399, 401 (Ch. Div. 2016). As a general proposition, N.J.S.A. 2A:17-56.23a prohibits courts from retroactively reducing child support obligations prior to ... out limited exceptions to the, at times, inequitable effects of N.J.S.A. 2A:17-56.23a. See, e.g., Centanni v. Centanni, 408 N.J. Super ... become due,” the court could not “ascribe to [N.J.S.A. 2A:17-56.23a] . . . any indication that the legislature so intended[] to bar termination ... became emancipated.” Ibid. Thus, the court held that “ N.J.S.A. 2A:17-56.23a does not bar the cancellation of child support arrearages which ... both terminate parental obligations of support, the court concludes that N.J.S.A. 2A:17-56.23a does not bar a retroactive modification to child support where ... thereafter can become due for the adopted adult and, thus, N.J.S.A. 2A:17-56.23a cannot bar the cancellation of child support for a ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	24623

5 K.A. v. F.A. -- rank: 939

... Super. 399, 401 (Ch. Div. 2016). As a general proposition, N.J.S.A. 2A:17-56.23a prohibits courts from retroactively reducing child support obligations prior to ... out limited exceptions to the, at times, inequitable effects of N.J.S.A. 2A:17-56.23a. See, e.g., Centanni v. Centanni, 408 N.J. Super ... become due,” the court could not “ascribe to [N.J.S.A. 2A:17-56.23a] . . . any indication that the legislature so intended[] to bar termination ... became emancipated.” Ibid. Thus, the court held that “ N.J.S.A. 2A:17-56.23a does not bar the cancellation of child support arrearages which ... both terminate parental obligations of support, the court concludes that N.J.S.A. 2A:17-56.23a does not bar a retroactive modification to child support where ... thereafter can become due for the adopted adult and, thus, N.J.S.A. 2A:17-56.23a cannot bar the cancellation of child support for a ...

docket:	FM-13-0901-13
court:	NJ Superior Court Appellate Division
decided:	2020-06-15
status:
citation:
Document Size:	25205

6 KRISTEN BESSINGER v. ANTHONY MICHAEL KLICH -- rank: 879

... retroactive modification of the child support obligation was prohibited by N.J.S.A. 2A:17-56.23a. Plaintiff argued that, under the statute, modification of defendant's ... eliminating defendant's child support obligation retroactive to June 2005. N.J.S.A. 2A:17-56.23a provides in pertinent part that: [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 respect ... the limitations on retroactive modifications of child support obligations in N.J.S.A. 2A:17-56.23a does not apply when the support obligation relates to a ... be obligated to pay. The limitation on retroactive modification in N.J.S.A. 2A:17-56.23a clearly applies to this situation and the trial court erred ... determined he was disabled. We disagree. The legislative mandate in N.J.S.A. 2A:17-56.23a may not be disregarded based on the court's ...

docket:	a1107-09
court:	superior court appellate division
decided:	2010-08-17
status:	unpublished
citation:
Document Size:	30333

7 ROBERT COLES v. DARLENE PINN-WILSON -- rank: 867

... 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 time ... 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 child ... 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 that ... 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 increases ... 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 or ...

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

8 /usr/local/share/www/libweb/collections/courts/appellate/a4172-18.opn.html -- rank: 859

... 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 he ... 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 that ... 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 arrearages ... 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 ... 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 modify ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	12906

9 /usr/local/share/www/libweb/collections/courts/trial/harrington-v-harrington.opn.html -- rank: 835

... 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 or ... 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 of ... 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 ... 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 two ... 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 arrearages ... 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 court ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28006

10 /usr/local/share/www/libweb/collections/courts/appellate/a2289-20.opn.html -- rank: 835

... 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 because ... 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 2018 ... 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. II ... 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 arrearages ... 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 in ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	14740

11 JACQUELINE KELLY v. VINCENT KELLY -- rank: 835

... 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 week ... 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 retroactive ... 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 does ... 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 child ...

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

12 LINDA HILDEBRAND v. LINDA HILDEBRAND -- rank: 827

... 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 awards ... 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: Well ... 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 unnecessarily ... 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 of ... 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 , 326 ... 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 contention ...

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

13 CHERYL VAUGHAN v. THOMAS VAUGHAN -- rank: 823

... 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 back ... 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 any ... 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 judge ... 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 agreement ... 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, we ... 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 of ...

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

14 MARIA REGINI v. GEORGE REGINI -- rank: 803

... a brief. PER CURIAM This appeal involves an application of N.J.S.A. , 2A:17-56.23a, commonly known as the child support anti-retroactivity statute. The ... of the court's statutory interpretation. The statute at issue, N.J.S.A. 2A:17-56.23a, provides in its present amended form: No payment or installment ... App. Div. 1995). In Mahoney , s upra , we considered whether N.J.S.A. 2A:17-56.23a precluded the equitable retroactive modification of support in scenarios where ... caution in not transgressing the important public policies reflected in N.J.S.A. 2A:17-56-23a, we believe that the facts in this case clearly fall ...

docket:	a5651-04
court:	njappellate
decided:	2006-05-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	30800

15 LAURY D. HAMILTON v. JACOB M. MAMROUD -- rank: 730

... formal notice of motion to fall within the [meaning of N.J.S.A. 2A:17-56.23a.], and that any modification would be retroactive to October 1 ... contrary to New Jersey's child support statute. We disagree. N.J.S.A. 2A:17-56.23a prohibits retroactive child-support modifications. The statute states: No payment ... directly or through the appropriate agent. We have recognized that N.J.S.A. 2A:17-56.23a imposes a statutory restraint on the court's discretion. Mallamo ... letter was the equivalent of filing a notice of motion. N.J.S.A. 2A:17-56.23a clearly requires a formal notice of motion. Furthermore, the statute ...

docket:	A0125-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-04
status:	unpublished
citation:
Document Size:	44896