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  • 1.  triennial review unreported decision

    Posted 10-11-2017 07:39 PM
    Listmates,

    The is an unreported decision Stein v. Mamolen that held that when there were COLA adjustments bi-annually, there could not be automatic triennial reviews on a probation account.  I was wondering if someone would share a copy of the case with me since I am not able to find it anywhere.  TIA

    Best,
    Eric

    ------------------------------
    Eric Hannum Esq.
    Manasquan NJ
    (732)370-9596
    ------------------------------


  • 2.  RE: triennial review unreported decision

    Posted 10-11-2017 09:51 PM
    Eric -

    You are correct. Triennial review was required as a condition of federal funding for CS enforcement by states who don't have a COLA provision. In 1995, in Doring v. Doring, the court noted this. Shortly thereafter, NJ enacted Rule 5:6B providing for biennial COLA review. In 2009, Martin v. Martin affirmed that, since the promulgation of the Rule, there's no longer automatic triennial review. A litigant must demonstrate a change in circumstances in order to obtain a support review.

    Look at Plaintiffs' Reply Brief (July 25, 2016) (PDF) on http://dpdlaw.com/kavadas.htm , which goes through this (and all the cases) in detail starting on page 7 of the brief (which is page 16 of the PDF file). All the cited unpublished cases are in the PDF file as well, starting at page 80 of the PDF. If you want to just copy out the text, a web version of the brief is on the same page (but obviously doesn't include the text of the unpublished cases).

    And in case you're wondering, there's no decision yet in Kavadas (challenging automatic, no-hearing, no-notice driver's license suspension for CS default). It was argued in August 2016 (415 days ago; 895 days since filing, 862 days since the court said the case would proceed on an "expedited" basis). Judge Jacobson has been swamped with Mt. Laurel litigation and this is, obviously, quite a project. I'm told we should be getting a decision "very soon." (If we win, 7,500+ license suspensions will be rescinded and the system will change... and NJ's support enforcement ranking will go up).

    Please confirm that you received this email and referenced attachments (if any).

    - Dave

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
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    57 Hamilton Avenue -- Suite 301
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    At 07:39 PM 10/11/2017, you wrote:
    Listmates, The is an unreported decision Stein v. Mamolen that held that when there were COLA adjustments bi-annually, there could not be... -posted to the "Family Law Section" community

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    Oct 11, 2017 7:39 PM
    Eric B. Hannum, Esq
    Listmates,

    The is an unreported decision Stein v. Mamolen that held that when there were COLA adjustments bi-annually, there could not be automatic triennial reviews on a probation account.  I was wondering if someone would share a copy of the case with me since I am not able to find it anywhere.  TIA

    Best,
    Eric

    ------------------------------
    Eric Hannum Esq.
    Manasquan NJ
    (732)370-9596
    ------------------------------
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