NJSBA Family Law Section

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  • 1.  Removing a recurring expenses from a child support order

    Posted 11-16-2018 09:59 AM

    I am looking for a citation for removing recurring expenses from a child support order because the child is no longer attending day care. I am not looking to recalculate the basic child support amount.?? Also, is this retroactive to the date the child was removed from day care? The NCP parent was not advised by the CP of the removal.

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    From the Law Office of Estelle Flynn Lord, 332 North Ave, PO Box 228, Garwood, NJ 07027, Phone 908-654-3883, Fax 908-232-0317




  • 2.  RE: Removing a recurring expenses from a child support order

    Posted 11-16-2018 10:58 AM

    Estelle, I don't have a cite, but I'd try a consent order first and if the other party is not responsive, file a motion to remove the day care. Hopefully the day care is explicit: eg "$220 for little tykes day care paid to spouse" as if its specific, it should be retroactive.  And I'd ask for atty fees as well if no response on the consent order.

    Tom King

     

    Thomas R. King, Esq

    C: 973-750-8348 O: 973-838-4464 Fax: 973-838-4469
    www.njfamily.law - www.njdivorce.law

     

    Click here for directions: https://goo.gl/maps/XcHEVc9UXH32

     

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  • 3.  RE: Removing a recurring expenses from a child support order

    Posted 11-16-2018 11:08 AM
    An unpublished opinion by Judge Jones,Trenholm v. Trenholm (Docket No. FM-15-508-14, decided 11/18/16), held in part that: 

    "When the basis for requesting review of a recently entered child support order rests only upon the elimination of, or significant change to, a specific line item adjustment to prior child support on the sole parenting worksheet, such as the parenting time credit under Line 20, the cost of the children's health insurance under Line 10, or the elimination or change in cost of day care under Line 9, a court may equitably modify the prior support order through the elimination or modification of the line item in question, without requiring the requesting party to file and serve an entire updated case information statement, or to demonstrate significant changes of circumstances beyond the specific line item adjustment itself."

    If you need a copy of the case I can scan and email it to you.

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    ELIZABETH VENGEN

    Elizabeth Vengen, Esq., L.L.C.
    Tel. (908) 310-7403
    Fax (973) 697-1599


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