MARTIN V. MARTIN, 410 N.J. Super. 1 (Chan. Div. 2009), Docket No. FM-03-1172-03; Decided: April 24, 2009; JULY 31, 2009; HAAS, J.S.C.:

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[NOTE: See also my prior Blog Post on this subject: A right of review of a child support obligation based on the passage of three years is without merit]

In Doring v. Doring, 285 N.J. Super. 369 (Ch. Div. 1995), based upon the pre-1998 amendment version of N.J.S.A. 2A:17-56.9a, the court held that child support orders are subject to review by a court every three years regardless of whether there has been a change of circumstances since the time of the prior order.

The Doring decision is frequently cited in situations where a party is unable to show the type of “changed circumstances” required by Lepis. However, N.J.S.A. 2A:17-56.9a was amended in 1998 to eliminate the automatic three-year court review provision.

N.J.S.A. 2A:17-56.9a now provides in relevant part:

At least once every three years, unless the State has developed an automated cost-of-living adjustment program for child support payments, the parties subject to a Title IV-D support order shall be provided notice of their right to request a review, which shall be conducted in accordance with the rules promulgated by the State 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.

On July 10, 1998, the New Jersey Supreme Court adopted Rule 5:6B. This provides that all child support orders entered, modified, or enforced after September 1, 1998 shall provide that the child support will be adjusted every two years to reflect the cost of living. This adjustment is based on the consumer price index.

Before any adjustment is made, the parties are provided with notice of the proposed adjustment and are given the opportunity to contest the adjustment within thirty days of their receipt of the notice. The rule specifically provides that the parties retain the right to seek a modification of child support orders based on changed circumstances.

Thus, child support orders are no longer subject to automatic court reviews every three years. Instead, the child support amount is automatically adjusted every two years to reflect the cost of living, with each party having an opportunity to contest the adjustment.

Pursuant to Rule 5:6B, such contests are limited to situations (1) where an obligor’s income has not increased at a rate at least equal to the rate of inflation or (2) where the order itself provides for an alternative periodic cost-of-living adjustment.

Otherwise, parties may contest a cost-of-living adjustment or seek a modification of a prior child support order only by showing that such a modification is warranted based upon changed circumstances.

The mere passage of time since the entry of the child support order is not a sufficient reason to request that a court review the order or require that the parties exchange financial information.

In the case at bar, Defendant remains eligible for the administrative cost-of-living adjustments afforded to her under Rule 5:6B. However, in order to seek a court review of child support, defendant must establish that there has been a substantial change of circumstances since the time of the last order.

See related Blog Post, published in the New Jersey Family Law blog.

See related Blog Post published in the NJ Family Legal Blog.

See related Blog Post, published in the New Jersey Law Blog

NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.