N.J. Admin. Code § 10:110-14.2

Current through Register Vol. 56, No. 8, April 15, 2024

Section 10:110-14.2 - Triennial review process

(a) On any case where it is determined that a review is warranted, both parties shall receive notice of the review at least 30 calendar days prior to the commencement of the review.

(b) On any case where it is determined that a review is warranted, the parties shall complete and return a Financial Information Sheet within 10 calendar days of the date on the request letter.

1. If the Financial Information Sheet is not returned by the requesting party, the CWA/CSU shall notify the custodial and non-custodial parents that the review is being terminated for failure to cooperate.

2. If the review was requested on a nonpublic assistance case, the IV-D client shall be asked to sign the "Authorization to Review Support."

(c) Employment and income information provided by both parties, as well as information gathered from other sources (that is, employers, New Jersey's Wage Reporting System, and so forth) shall be used to conduct the review.

(d) When all necessary information is obtained, but in no event before expiration of the 10-day period for completing and returning the Financial Information Sheet, a review shall be conducted to determine if an adjustment to the order is appropriate.

1. To conduct a review means to apply the Child Support Guidelines using the most recently available financial information for the parties or to determine whether a medial support provision should be added to a support order.

i. The Child Support Program shall not exclude incarceration as a basis for determining whether an inconsistency between the existing child support order amount and the amount of support determined as a result of a review is adequate grounds for petitioning for adjustment of the order.

2. After conducting the review, an adjustment shall be sought if:

i. The newly calculated amount differs from the existing obligation amount by 20 percent or more; or

ii. There is no health care coverage provision in the support order, and either or both parties have health care coverage available at reasonable cost as defined in 45 C.F.R. 303.31.

(e) Upon completion of the review, a written notice shall be sent to both parents regarding the results of the review.

1. The notice shall be sent by certified and regular mail to the parties' residential addresses.

2. If the notice advises the parties that an adjustment of the order shall be pursued:

i. A Consent to Modify Order Form shall be provided with each notice.

ii. The notice shall inform the parties:

(1) Of the proposed new child support amount;

(2) That a modification of the order shall be sought to include a health care coverage provision, if appropriate;

(3) That if both parties agree with the review findings, each party may avoid a court appearance by signing the Consent to Modify Order Form and returning it within 30 calendar days of the date the notice was served;

(4) That if either party disagrees with the review findings (that is, either party disagrees that an adjustment is appropriate, disagrees with the proposed new child support obligation, or disagrees with the determination of responsibility for providing health care coverage for the child), either party may object to the adjustment by filing a written challenge within 30 calendar days of the date of service; and

(5) That if a challenge is not received within 30 calendar days, the court may proceed to adjust the child support obligation.

3. If the notice advises that an adjustment of the order is not appropriate, the notice shall advise the parties that:

i. If either party disagrees with the review findings, either party may challenge by filing a written objection within 30 calendar days of the date of service; and

ii. If a challenge is not received within 30 calendar days, another review of the order shall not be conducted for 36 months unless there is a substantial change in circumstances and a petition is made.

(f) If a party files a challenge, the individual filing the challenge shall provide supporting documentation within the 30-day period. If documentation is provided, the case shall be referred to an attorney of the CWA for review, and if appropriate, the filing of a motion for court action.

(g) In cases where it is determined an adjustment is appropriate, and the parties either return the Consent to Modify Order Form within 30 calendar days or do not challenge the determination, the case shall be referred to the probation division for appropriate action.

(h) A case shall also be referred to an attorney when the CWA/CSU conducting the review is unable to determine if a case qualified for an adjustment or a court hearing is requested by one or both of the parties. In cases where a conflict of interest exists between the CWA/CSU attorney and the involved parties, a "Conflicts Counsel" shall be necessary to process and resolve the case review.

N.J. Admin. Code § 10:110-14.2

Amended by R.1998 d.506, effective 10/19/1998.
See: 30 New Jersey Register 1956(a), 30 New Jersey Register 3822(a).
In (d)2ii, added C.F.R. reference at the end; in (e)2ii(3), substituted a reference to 30 calendar days for a reference to 30 days; rewrote (f); and added (h).
Amended by R.2004 d.88, effective 3/1/2004.
See: 35 New Jersey Register 3042(a), 36 New Jersey Register 1207(a).
In (b), substituted "CWA/CSU" for "CWA/CSP unit" in 1; in (e), inserted "proposed" preceding "new child support" in 2ii(1) and 2ii(4), and rewrote 3ii; in (h), substituted "CWA/CSU" for "CWA/CSP unit" throughout.

Amended by 55 N.J.R. 1179(a), effective 6/5/2023