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