COLA in NJ...

[jolawanda]

case - nj
we live nv

notice of enforcement terminte being filed and court date is 7-9.
We just received notification of a 8.51% COLA. the CP already asked for an increase due to the 24 year old being snapped off the payroll back in Jan when the courts said the 24 yaer old could stay on the payroll due to her supposedly being in college. so, she was already planning ahead for an increase. BUT, since she is getting the cola, can we just say that's enough and ask the courts to get a reduction due to there is only one more kid on the payroll?

[socrateaser]

>case - nj
>we live nv
>
>notice of enforcement terminte being filed and court date is
>7-9.
>We just received notification of a 8.51% COLA. the CP already
>asked for an increase due to the 24 year old being snapped off
>the payroll back in Jan when the courts said the 24 yaer old
>could stay on the payroll due to her supposedly being in
>college. so, she was already planning ahead for an increase.
>BUT, since she is getting the cola, can we just say that's
>enough and ask the courts to get a reduction due to there is
>only one more kid on the payroll?

8.51%? That is huge -- sorry. The COLA is irrelevant to any modification, because it is state mandated and imposed whether or not the parent requests it, if the state is involved in the case, and it changes the entire guideline for everyone subject to NJ law. If you have grounds for a reduction, proceed with it, but beware that whatever you receive, will now likely be 8.51% less than what it would have been prior to the COLA.

[jolawanda]

i just re-read it and oh, it's 8.15 and not 8.51...big whoop! :(

anyhow, we have a right to an administrative hearing. Mr. Jola's COLA raise was only 3% this year so, should we even bother? How does one actually get an admin hearing though? We have tried with those before and were just sent another letter basically too bad for you. We never really got a *hearing* so to speak. Are we supposed to actually get to plead the case?

[socrateaser]

>i just re-read it and oh, it's 8.15 and not 8.51...big whoop!
>:(
>
>anyhow, we have a right to an administrative hearing. Mr.
>Jola's COLA raise was only 3% this year so, should we even
>bother? How does one actually get an admin hearing though? We
>have tried with those before and were just sent another letter
>basically too bad for you. We never really got a *hearing* so
>to speak. Are we supposed to actually get to plead the case?

Yeah, you save 0.36% there, which ought to buy you a new...stick of gum, each month.

The general deal with an administrative hearing, is that the state imposes a change, and you have X days to file a written objection and a demand for hearing. If the state has an administrative hearing process, they're supposed to calendar a hearing. Then, if you object to the outcome, you appeal the decision to the State's trial court with jurisdiction (superior, circuit, district, whatever it's called in NJ).

But, you can't get a hearing on a COLA, because it's being imposed on everyone, not just you (unless you intend to try to have the entire COLA statutory scheme declared unconstitutional -- and you're not gonna do that, because you'll lose).

The only thing you can get a hearing on is if you want to modify support based on changed circumstances (the standard grounds). Then, if you can show that the new support amount including the COLA is unjust or inappropriate (very difficult, because courts don't want to hear this unless you've been run over by a truck and can't work), then the court may deviate from the state guidelines and give you a downward mod.

But, as this is NJ, that just ain't gonna happen, so don't waste your time.

Your only real argument for a downward mod is simply that the guidelines require it based on the loss of one of the kid's from the "payroll." Even if the other parent were not using the money for support (and you had proof), that wouldn't argue for a downward mod -- it would be contempt, which would argue for reimbursement of the support money directly to the child, but that wouldn't get you any money, other than as a sanction for the contempt.

[cinb85]

Does NJ have a state mandated COLA on CS?  My case is in NJ and there's never been a COLA.

Just curious!

Thanks!

[socrateaser]

>Does NJ have a state mandated COLA on CS?  My case is in NJ
>and there's never been a COLA.

I have no idea. I suspect you've just been very lucky.