New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 110 - CHILD SUPPORT PROGRAM
Subchapter 14 - TRIENNIAL REVIEWS
Section 10:110-14.1 - Case selection

Universal Citation: NJ Admin Code 10:110-14.1

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Every three years, the CWA/CSU shall review for possible adjustment/modification all WFNJ/TANF and Foster Care cases on which the support order exists. Additionally, the CWA/CSU shall review for possible adjustment/modification all active Medicaid only cases if an existing order was established, last reviewed or modified three years prior and does not contain a health care coverage provision. To ensure that the review is initiated by the three-year anniversary date, the automated child support system shall generate a monthly report from the State case registry listing all WFNJ/TANF, Foster Care and applicable Medicaid cases where the review date recorded in the State case registry is at least two years and 11 months earlier than the date on which the report is generated. This review shall occur even when the order has received an Automated Cost-of-Living Adjustment (COLA) adjustment(s), as defined herein, on an order that has been entered, enforced or modified on or after September 1, 1998 when the COLA became effective under the State Program.

(b) The parties in non-public assistance cases, not subject to cost-of-living adjustments (COLA), shall be notified three years from the date their support orders were established, last reviewed, or modified, of their right to request a review for possible adjustment/modification. Upon the written request of either party, the CWA/CSU shall review for possible adjustment/modification non-public assistance cases on which the support order was established, last reviewed or modified at least three years prior and the necessary financial information is available to the CWA/CSU for both parties. This review shall occur at the request of either party even when the order has received a COLA adjustment(s), as defined herein, on an order that has been entered, enforced or modified on or after September 1, 1998 when the COLA became effective under the State Program.

1. Within 15 calendar days of receipt of a request for review, it shall be determined whether a review shall be conducted.

2. Within no more than 180 calendar days of determining that a review shall be conducted or locating the non-requesting parent, whichever occurs later, the CWA/CSU shall complete the triennial review process at 10:110-14.2.

(c) The CWA/CSU shall not initiate a triennial review when:

1. In a WFNJ/TANF case there has been a determination of good cause, pursuant to 10:110-9.2 through 9.5 and 10:90-16.2 through 16.5, and neither party has requested a review;

2. In a Title IV-E foster care case, the Division of Child Protection and Permanency has made a determination of good cause and neither party has requested a review;

3. It is determined that the most recent order or review is less than 36 months old;

4. There is no valid address for one or both of the parties;

5. The child support order is not a New Jersey order;

6. In a Medicaid Title XIX case, the order contains a health care coverage provision and neither party has requested a review; or

7. It is determined that a review would not be in the best interest of the child.

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