Child Support Modifications Are Not Retroactive in NJ
- November 24, 2012
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In a post-judgment motion for modification of child support the court imputed plaintiff, a nurse with no demonstrated disabilities income of $65,000, for purposes of calculating child support and imputed defendant, a painter, $35,000 for purposes of calculating child support. The court modified child support according to the incomes imputed and made it retroactive to a date preceding the filing of defendant’s modification motion. The New Jersey Appellate Court reversed the retroactive modification as contrary to New Jersey Statue 2A:17-5:6.23a which limits the modification of child support to the date upon which a motion for modification is filed. The court also reversed the imputation of income to defendant because it was not supported by his case information statement. If you are seeking or fighting a change in child support, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child support, custody, parenting time/visitation, adoption, dissolution of a civil union, marriage or domestic partnership, modifications, alimony, palimony or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.