Search Rutgers Law Library N.J. Court Opinions

1 WINIFRED PRYCE v. V. PATRICK ANTHONY SCHARFF -- rank: 1000

... post-judgment interest except as provided by law, and because N.J.S.A. 2A:17-56.20 allows DHS as the "IV-D agency" to set ... of Human Services (DHS) is the designated "IV-D agency." N.J.S.A. 2A:17-56.52. DHS in turn has contracted with the Probation Division ... Legislature enacted the New Jersey Child Support Program Improvement Act, N.J.S.A. 2A:17-56.7a. The Act was "intended to implement requirements which the ... First New Jersey funding] to achieve and maintain self-sufficiency." N.J.S.A. 2A:17-56.8. The Act provides that the Probation Division will implement ... implementation of this act by the courts and probation departments." N.J.S.A. 2A:17-56.14. Child support payments "not presently made through the probation ... to document, track, and monitor support payments." Ibid. See also N.J.S.A. 2A:17-56.22 (authorizing application fee up to $25 for obligee ...

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

2 ALLEN ZAVODNICK v. LAWRENCE A. LEVEN, -- rank: 941

... 43, is subject to the limitation on executions provided by N.J.S.A. 2A:17-56. We conclude that a partner's distributive share of partnership profits is a "profit" within the intent of N.J.S.A. 2A:17-56, and that the enforcement of a charging lien on that ... or only ten percent of those sums, as provided under N.J.S.A. 2A:17-56. After an exchange of correspondence between plaintiff and the law ... is not subject to the limitation on executions provided by N.J.S.A. 2A:17-56. We also reject Leven's cross appeal from the denial ... monies . . . legally exempt from execution" to include, in accordance with N.J.S.A. 2A:17-56, any amount in excess of ten percent of Leven's ... issue in this case is whether the "exemption laws" that N.J.S.A. 2A:17-56, which provides:             In no case shall the amount specified ...

docket:	a3626-99
court:	njappellate
decided:	2001-04-27
status:	published
citation:	340 N.J. Super. 94
Document Size:	21843

3 BRIAN STIANCHI v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES -- rank: 938

... required by Title IV-D of the Social Security Act. N.J.S.A. 2A:17-56.58 provides that: a. The department shall establish and maintain ... Act, N.J.S.A. 10:6-1 to -2, N.J.S.A. 2A:17-56.58 and the Federal Civil Rights Act, 42 U.S ... complaint, the judge found that neither Title IV-D nor N.J.S.A. 2A:17-56.58 conferred a private cause of action supporting Stianchi's ... action under 42 U.S.C.A. § 654a and N.J.S.A. 2A:17-56.58, Stianchi relies on Bennett v. White , 865 F.2d ... Likewise, Stianchi lacks standing to enforce an individual claim under N.J.S.A. 2A:17-56.58. We agree with the trial court, which stated: [ N.J.S.A. 2A:17-56(a)] is directed toward the administering body that does ...

docket:	a2360-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-17
status:	unpublished
citation:
Document Size:	48821

4 /usr/local/share/www/libweb/collections/courts/appellate/a4471-19.opn.html -- rank: 938

... With respect to his motion to vacate, C.E. argued N.J.S.A. 2A:17-56.67 prohibits the collection of his obligation to pay his ... motion to vacate the May 31, 2019 order based on N.J.S.A. 2A:17-56.67. The court held that while the statute terminates a ... that triggers an exception to the automatic termination provisions of N.J.S.A. 2A:17-56.67(a)(1). This appeal follows. C.E. makes the ... arguments. POINT I THE TRIAL COURT ERRED IN FINDING THAT N.J.S.A. [2A:17-56.67] DOES NOT PROHIBIT DEFENDANT'S REPAYMENT OF THE CHILD ... 2019 order must be vacated because it is contrary to N.J.S.A. 2A:17-56.67(a)(1). The statute provides: a. Unless otherwise provided ... of age, is specified in a court order or judgment . . . . [N.J.S.A. 2A:17-56.67(a)(1).] A-4471-19 8 C.E. ...

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5 /usr/local/share/www/libweb/collections/courts/appellate/smiley-v-thomas.opn.html -- rank: 935

... deals with the interpretation of the child support lien statute, N.J.S.A. 2A:17-56.23b. The lien, created by operation of N.J.S ... the net proceeds of the settlement of the civil litigation. N.J.S.A. 2A:17-56.23b(b)(2). The net proceeds of the settlement are defined in N.J.S.A. 2A:17-56.23b(a) as “[a]ny amount of money, in ... has been docketed with the Clerk of the Superior Court. N.J.S.A. 2A:17-56.23b(a). In interpreting N.J.S.A. 2A:17-56.23b, the Appellate Division opined that only the amount left ... exceeds $2000 is subject 3 to the lien created by N.J.S.A. 2A:17-56.23(b). Simpkins v. Saiani, 356 N.J. Super. ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	22421

6 J.L. v. B.L. -- rank: 919

... in order to protect their privacy. 2 A-4623-16T2 N.J.S.A. 2A:17-56.67, which became effective on February 1, 2017, 2 provides ... the court when a child reaches [nineteen] years of age . . . .' N.J.S.A. 2A:17-56.67(a). However, under certain circumstances, a parent's obligation ... or her child turns twenty-three years of age. See N.J.S.A. 2A:17-56.67(a), (e). In order to compel a parent to ... age of twenty-three, relief must be obtained pursuant to N.J.S.A. 2A:17- 56.67(e)(1) or (2). When N.J.S.A. 2A:17-56.67 became effective in February 2017, Brian was twenty-six ... compel defendant to contribute toward his financial maintenance pursuant to N.J.S.A. 2A:17-56.67(e)(2), which provides in pertinent part: e. ...

docket:	a4623-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-19
status:	Unpublished
citation:
Document Size:	18758

7 NEIL REDNOR v. CHRISTINE REDNOR -- rank: 909

... of financial relief to defendant, rejecting defendant's argument that N.J.S.A. 2A:17-56.67(e) provides an alternative basis for ordering plaintiff to ... unemancipated; 3) find Melinda eligible to receive 'financial maintenance' under N.J.S.A. 2A:17-56.67(e); 4) order plaintiff to reimburse unauthorized withdrawals made ... 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 ... Fusco, 186 N.J. Super. 321, 329 (App. Div. 1982). N.J.S.A. 2A:17-56.67 On January 19, 2016, the Legislature enacted a new ... termination of a parent's obligation to pay child support, N.J.S.A. 2A:17-56.67, A-5465-17T3 13 which formally went into effect ... parents, the motion judge rejected defendant's request to utilize N.J.S.A. 2A:17-56.67 as a basis for 4 To claim Melinda ...

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

8 /usr/local/share/www/libweb/collections/courts/trial/cameron-v-cameron.opn.html -- rank: 896

... legal issue of first impression regarding the statutory interpretation of N.J.S.A. 2A:17-56.21(a) (“information provided to credit reporting agencies”), and ... the motion filing date of July 18, 2014, pursuant to N.J.S.A. 2A:17-56.23(a). Originally, the family court clerk’s office scheduled ... report. Under a strict interpretation of the statutory language in N.J.S.A. 2A:17-56.21(a) and (b), an obligor who owes child support ... support arrears and credit reporting, the applicable statutory provisions are N.J.S.A. 2A:17-56.21, sections (a) and (b), which state the following 1 ... employers or others who contract with credit reporting agencies.”) N.J.S.A. 2A:17-56.21 was originally enacted in 1985 and was amended in ... child support, retroactively imposed to the motion filing date. Under N.J.S.A. 2A:17-56.23(a), a court may retroactively establish or increase ...

docket:	Cameron-v-Cameron
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
status:
citation:
Document Size:	61987

9 /usr/local/share/www/libweb/collections/courts/appellate/fm-13-0901-13.opn.html -- rank: 886

... rights. For the reasons stated herein, the court concludes that N.J.S.A. 2A:17-56.23a’s ban on retroactive modification to child support does ... 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 ... 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 ... of a child constitutes 4 an additional, limited exception to N.J.S.A. 2A:17-56.23a’s otherwise applicable ban on retroactivity. Emancipation is the ... panel issued a tandem of decisions discussing the interplay of N.J.S.A. 2A:17-56.23a’s ban on retroactive modification and emancipation. 5 First ... become due,” the court could not “ascribe to [N.J.S.A. 2A:17-56.23a] . . . any indication that the legislature so intended[] to ...

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

10 K.A. v. F.A. -- rank: 886

... rights. For the reasons stated herein, the court concludes that N.J.S.A. 2A:17-56.23a’s ban on retroactive modification to child support does ... 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 ... 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 ... of a child constitutes 4 an additional, limited exception to N.J.S.A. 2A:17-56.23a’s otherwise applicable ban on retroactivity. Emancipation is the ... panel issued a tandem of decisions discussing the interplay of N.J.S.A. 2A:17-56.23a’s ban on retroactive modification and emancipation. 5 First ... become due,” the court could not “ascribe to [N.J.S.A. 2A:17-56.23a] . . . any indication that the legislature so intended[] to ...

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

11 TARA WICKER v. JAMES WICKER -- rank: 870

... denying defendant's request to emancipate Veronica without prejudice. Citing N.J.S.A. 2A:17-56.67(e), the court stated: Nothing in this section shall ... not payable or enforceable as child support as defined in . . . N.J.S.A. 2A:17-56.52. The court found plaintiff successfully rebutted the presumption of ... or physical incapacity' that caused her continued financial dependence, citing N.J.S.A. 2A:17-56.67(e) and N.J.S.A. 2A:34-23 ... to support a child automatically ends at age nineteen, see N.J.S.A. 2A:17-56.67(a), it remains beyond cavil in this State that ... an independent status of her own. Defendant's reference to N.J.S.A. 2A:17-56.67(e) and N.J.S.A. 2A:34-23 ... beyond age 23, as A-1932-20 15 required by N.J.S.A. 2A:17-56.67, and the trial court set a date certain ...

docket:	a1932-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-07
status:	Unpublished
citation:
Document Size:	37987

12 DEIRDRE R. SCOTT v. MALANEY HILL -- rank: 867

... 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 ... 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 ... 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 ... 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 ... 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 ... 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- ...

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

13 RICKIE SIMPKINS v. ADOLFO SAIANI -- rank: 847

... to interpret the meaning of the term "net proceeds" in N.J.S.A. 2A:17-56.23b, enacted on August 14, 2000. L. 2000, c. 81 ... entitling plaintiff to receive $4,146.08. As required by N.J.S.A. 2A:17-56.23b provides:             a. A judgment for child support . . . docketed with ... judgment.         [Emphasis added.]     Plaintiff argues that the plain language of N.J.S.A. 2A:17-56.23b applies to the full amount to which the party ... can mean only one thing: The automatic lien imposed by N.J.S.A. 2A:17-56.23b is against only that portion of a party's ... party or beneficiary until the child support judgment is satisfied, N.J.S.A. 2A:17-56.23b, the Legislature repealed its predecessor, N.J.S.A. 2A:17-56.37. L. 2000, c. 81, § 4. The repealed statute, ...

docket:	a6405-00
court:	njappellate
decided:	2002-12-11
status:	published
citation:	356 N.J. Super. 26
Document Size:	18864

14 JAMES HALL v. DEBORAH HALL -- rank: 834

... W-2 employee, his earnings could not be withheld, citing N.J.S.A. 2A:17-56.52. The court found it was empowered to enforce its ... the court finds good cause for establishing an alternative arrangement. [ N.J.S.A. 2A:17-56.8.] "Child support" for purposes of N.J.S.A. 2A:17-56.8 is broadly defined to include any "monetary support" for ... and penalties, income withholding, attorney's fees and other relief. [ N.J.S.A. 2A:17-56.52.] The New Jersey Child Support Program Improvement Act — of which N.J.S.A. 2A:17-56.8 and -56.52 are a part — is remedial ... subject to withholding for child support pursuant to State law. [ N.J.S.A. 2A:17-56.52.] Plaintiff misplaces reliance on the definition of "disposable ...

docket:	a2451-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-06
status:	unpublished
citation:
Document Size:	105432

15 GINA IDELL v. MICHAEL IDELL -- rank: 831

... party. In its written decision, the court first addressed whether N.J.S.A. 2A:17- 56.23 bars a retroactive modification of defendant's child support ... 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 ... 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 ... 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 ... 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 ... 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 ...

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