Triennial Review

In this Topic

  1. Introduction
  2. Agency Responsibilities
  3. Review Process
    1. Adjustment is Appropriate
    2. Adjustment is not Appropriate
  4. Related Information

Introduction

The triennial review and adjustment process is used to determine if the support amount is in accordance with the New Jersey Child Support Guidelines and to determine if a health-care provision needs to be added to the orders. The adjustment occurs only if there is at least a 20% differential between the proposed support amount and the current support amountamountN.J.S.A. 2A:17-56(a); Rule 5:6-6. Triennial reviews are processed under N.J.A.C. 10:110-14.

Agency Responsibilities

Since the legislation was enacted, the CWAsChild Welfare Agencies have conducted review and adjustment of TANFTemporary Assistance for Needy Families and Title IV-E Foster Care cases. Since August 1998, the CWAs have also been responsible for review and adjustment of non-TANF cases when requested by a partypartyNew Jersey Administrative Code (N.J.A.C.) 10:110-3.3(a); N.J.A.C. 10:110-14.1. CWAs are responsible for updating NJKiDSNew Jersey’s Federally certified, statewide automated case management system for tracking all information related to child support cases. NJKiDS monitors cases to ensure that case actions are completed within required time frames. NJKiDS is also used to provide statistics, reports, and information about child and alimony/ spousal support enforcement in New Jersey to Federal, State, and local authorities. NJKiDS serves as the State Case Registry for IV-D support cases., generating documents related to triennial reviews, and determining if triennial reviews are appropriate.

TANF, Title IV-E Foster Care, and non-TANF cases are eligible for review under the following circumstances:

  • The CWA must review all TANF and Title IV-E Foster Care cases on which an order exists, even if COLA has been appliedappliedN.J.A.C. 10:110-14.1.
  • In non-TANF cases, the parties have the right to request a review three years from the date the support order was established, last reviewed, or modified. If requested, the review should occur, even if the order has received a COLAcost-of-living adjustment.

The CWA does not review a case in the following circumstancescircumstancesN.J.A.C. 10:110-14.1(c)(1) through (7):

  • There has been a Good Cause determination, and neither party has requested a reviewreviewN.J.A.C. 10:110-9.2 through 9.5; N.J.A.C. 10:90-16.2 through 16.5.
  • The DCP&PDepartment of Child Protection and Permanency, in a Title IV-E Foster Care case, has made a Good Cause determination, and neither party has requested a review.
  • The most recent order or review is less than 36 months old.
  • There is no valid address for one or both parties.
  • The child support order is not a New Jersey order.
  • The order, in a Medicaid case, contains a health-care provision, and neither party requested a review.
  • It is determined that a review would not be in the child’s best interest.

Review Process

The triennial review process must be completed within 180 days of determining that a review should be conductedconductedN.J.A.C. 10:110-14.1(b). The CWA conducts the review using the financial information provided by both parties and other information from the New Jersey Wage Reporting System. When the necessary information is obtained, a review is conducted by applying the Child Support Guidelines (Rule 5:6A) to determine whether an adjustment to the order is appropriate.

Note: If the requesting party in a Non-TANF case, fails to return the information sheet, both parties are notified that the review is terminated for non-cooperation.

If the calculated amount differs from the existing order by 20% or more, or if the court order contains no health-care provision, the CWA must seek an adjustment of the order. Although the CWA is bound by the 20% requirement to initiate the adjustment, the Court is not bound by the same 20% threshold figurefigure45 CFR 303.8(c).  

Note: A party always has the right to file a motion for modification based on a change of circumstances, regardless of the amount of change, and the Court has the discretion to modify a child support order, regardless of the percentage of change from the existing order.

Once the review has been completed, both parties are notified of the results by certified and regular mail. As appropriate, the document notifies the parties of the following:

  • Order to be modified — order was sent to the NCP for consent
  • No adjustment warranted — review did not result in meeting the 20% differential
  • Order to include health-care provision — amended order for inclusion of health-care provision
  • Adjustment may be appropriate — on the borderline of the 20% differential (i.e., 18% or 19% differential)

Adjustment is Appropriate

If the review finds that an adjustment is appropriate, the notice informs the parties of the following:

  • The proposed child support amount
  • Health-care provision is ordered
  • If both parties agree with the results, a court appearance can be avoided by signing and returning the provided Consent to Modify Order Form within 30 days.
  • If a party disagrees with the review findings (e.g., does not agree with the proposed new order), he or she can object to the adjustment by filing a written challenge with the CWA within 30 days.
  • If a challenge is not received within 30 days, the order may be adjusted as proposedproposedN.J.A.C. 10:110-14.2(e)(2)(ii)(5).

Adjustment is not Appropriate

If the review finds that an adjustment is not appropriate, the notice informs the parties of the following:

  • If a party disagrees with the review findings, he or she can challenge the findings by filing a written objection within 30 days.
  • If a challenge is not received within 30 days, another review will not be conducted for 36 months, unless there is a substantial change of circumstancescircumstances N.J.A.C. 10:110-14.2(e)(3)(ii) .

If a party files a challenge, he or she must provide supporting documentation. For TANF cases, challenges are referred to a CWA attorney. If appropriate, the CWA attorney will file a motion to modify the child support order in accordance with the review of the challengechallengeN.J.A.C. 10:110-14.2(f).

When the review finds that an adjustment is appropriate and the parties return the signed Consent to Modify Order Form within 30 days, or fail to file a written challenge within 30 days, a proposed order is prepared by the CWA. The proposed court order and all supporting documents are sent to the Family Division for a Superior Court Judge’s review and signature. Supporting documents may include, but are not limited to, the Child Support Guidelines Worksheet and the verification of income.

In non-TANF cases in which one party has consented to the adjustment and the other has challenged it, without providing supporting documentation that would change the calculated support amount, the case shall be referred to the CWA attorney for review and, if appropriate, the filing of a motion for court action. The CWA acts on behalf of the Title IV-D agency to expedite and facilitate the coming of the matter before the Court; the CWA does not represent either party in non-TANF cases.

  • N.J.S.A. 2A:17-56(a); Rule 5:6-6
  • New Jersey Administrative Code (N.J.A.C.) 10:110-3.3(a); N.J.A.C. 10:110-14.1
  • N.J.A.C. 10:110-14.1
  • N.J.A.C. 10:110-14.1(c)(1) through (7)
  • N.J.A.C. 10:110-9.2 through 9.5; N.J.A.C. 10:90-16.2 through 16.5
  • N.J.A.C. 10:110-14.1(b)
  • 45 CFR 303.8(c)
  • N.J.A.C. 10:110-14.2(e)(2)(ii)(5)
  • N.J.A.C. 10:110-14.2(e)(3)(ii)
  • N.J.A.C. 10:110-14.2(f)

 

Institute for Families, School of Social Work  Rutgers, the State University of New Jersey - Child Support Program Manual 2020 Release