MAHONEY v. PENNELL


285 N.J. Super. 638 (1995)

667 A.2d 1119

JANE MAHONEY, PLAINTIFF-RESPONDENT, v. ROBERT PENNELL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 1995.


Attorney(s) appearing for the Case

Taylor, Denker & Boguski, attorneys for appellant (Michael T. Taylor, of counsel and on the brief).

Susan R. Dargay, attorney for respondent.

Before Judges SHEBELL, STERN and NEWMAN.


The opinion of the court was delivered by NEWMAN, J.A.D.

This appeal raises the issue of whether N.J.S.A. 2A:17-56.23a, which bars retroactive modification of child support arrearages, applies to a retroactive termination of the support obligation based on the emancipation of the child where the date of emancipation occurs after the statute's effective date. We conclude that N.J.S.A. 2A:17-56.23a does not act as a bar and reverse.

Plaintiff Jane...

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