[Passed Both Houses]

 

[Third Reprint]

ASSEMBLY, No. 80

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen KAVANAUGH, COHEN

and Senator Matheussen

 

 

An Act concerning child support and amending P.L.1988, c.111 1and P.L.1990, c.921.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 1 of P.L.1988, c.111 (C.2A:17-56.23a) is amended to read as follows:

    1. Any payment or installment of an order for child support, or those portions of an order which are allocated for child support, whether ordered in this State or in another state, shall be fully enforceable and entitled to full faith and credit and shall be a judgment by operation of law on and after the date it is due. No payment or installment of an order for child support, or those portions of an order which are allocated for child support established prior to or subsequent to the effective date of P.L.1993, c.45 (C.2A:17-56.23a), shall be retroactively modified by the court except as follows:

    (a) An order for child support or portions of an order which are allocated for child support may be retroactively modified by the court with respect to the period during which there is a pending application for modification, but only from the date the notice of motion was mailed either directly or through the appropriate agent. The written notice will state that a change of circumstances has occurred and a motion for modification of the order will be filed within 45 days. In the event a motion is not filed within the 45-day period, modification shall be permitted only from the date the motion is filed with the court.

    (b) With respect to a period during which there was no pending application for modification, an order for child support or portions of an order which are allocated for child support may be retroactively modified by the court only if the result of not doing so would be unjust 1[,]1 due to a substantial change of physical custody 1or emancipation status1 of the child or other factors. 1Other factors shall be limited to extraordinary circumstances including, but not limited to a medically documented mental or physical disability which prevented the obligor from making a timely application 2or other extraordinary circumstances of a non-medical nature2 .1 The non-modification provision of this section is intended to be curative and shall apply to all orders entered before, on and after the effective date of this act.

     3(c) In cases involving the retroactive modification of an order for child support or portions of an order which are allocated for child support, the court shall not require restitution of monies not related to the order.3       

(cf: P.L.1993, c.45 s.1)

 

    12. Section 5 of P.L.1990, c.92 (C.2A:17-56.9a) is amended to read as follows:

    5. At least once every three years all IV-D orders for child support payments shall be subject to review in accordance with the rules promulgated by the IV-D Agency in consultation with the Supreme Court. Such review shall take into account any changes in the financial situation or related circumstances of both parties and whether the order of child support is in full compliance with the Child Support Guidelines set forth in the Rules Governing the Courts of the State of New Jersey, R.5:6A.

    Upon completing the review and if a change in the amount of child support is recommended, the State IV-D or designee shall so notify the obligor and obligee in writing of the child support amount that is recommended. The obligor and obligee shall be afforded not less than 30 days after such notification to file with the IV-D agency and the court a challenge to such proposed adjustment or determination. The child support amount will be adjusted accordingly by the court if either party does not challenge the recommended award within the prescribed time or fails to show good cause why the adjustment should not occur.

    This section applies to IV-D orders for child support payments and is not intended to compel review of all other child support orders every three years.1

(cf: P.L.1990, c.92, s.5)

 

    1[2.] 3.1 This act shall take effect immediately.


 

Permits retroactive modification of child support under certain circumstances.