In a Decision – Scott v. Hill,., (an "Unreported Decision") >> the Court Held:
The Appellate Division disagreed with the Motion Judge that the Anti-Arrearage Statute barred calculation of child support due where Father claimed a credit against the arrears for the social security benefits paid to the child prior to the date of Motion.
The court was convinced that the trial court erred by determining that the anti-arrearage statute barred the award of a credit against the defendant's child support arrears. The court reasoned that the calculation of the appropriate credit was dependent upon the equities. The court ordered that on remand, the trial court must consider the defendant's entitlement to a credit against child support arrears based on the child's receipt of Father’s social security retirement benefits during that time. [N.J.S.A. 2A:17-56.23a prohibits retroactive modification of child support and child support arrearages.]