Rule 5:6-3.Hearing

Last amended September 1, 2021 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:6-3 has the court hear a summary support matter on the return day in a summary manner, gives it options when the plaintiff does not appear, and bars referral of child support to a hearing officer without the Presiding Judge's approval where custody or parenting time is also at issue.

Full Text of Rule 5:6-3

Text sizeJump to: (a) (b)

(a) Generally. The court shall hear and determine the matter in a summary manner on the return day fixed in the process unless it is adjourned by or with the consent of the court. If the plaintiff does not attend the hearing, the court may dismiss the complaint, adjourn the matter to a future date and renotify the parties or take other appropriate action. On its own or a party's motion on good cause shown the court may order that the matter proceed in a plenary manner as it shall direct.

(b) Referral of child support. In any case in which custody, parenting time, or child support is at issue, any child support issues in the case shall not be referred to a hearing officer unless approved by the Family Presiding Judge.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Source--R. (1969) 5:3-2 (third sentence), 5:5-1(a), (c). Adopted December 20, 1983, to be effective December 31, 1983; text redesignated as paragraph (a) with caption added, and new paragraph (b) adopted July 30, 2021 to be effective September 1, 2021.

Plain-English Summary

The default is speed. The court hears and determines the matter in a summary manner on the return day fixed in the process, unless it is adjourned by or with the court's consent.

A plaintiff who does not turn up has not automatically lost. The court may dismiss the complaint, adjourn and renotify the parties, or take other appropriate action — a menu, not a mandate. And on its own motion or a party's, for good cause, the court can order the matter to proceed in a plenary manner instead.

Paragraph (b) is a limit on delegation. Where custody, parenting time or child support is at issue, the child support issues may not be referred to a hearing officer unless the Family Presiding Judge approves.

Frequently Asked Questions

What happens if I miss my summary support hearing?

If the plaintiff does not attend, the court may dismiss the complaint, adjourn the matter to a future date and renotify the parties, or take other appropriate action.

Can a summary support case be turned into a full trial?

Yes. On its own or a party's motion, on good cause shown, the court may order that the matter proceed in a plenary manner as it directs.

Can a hearing officer decide child support?

Not without approval where custody, parenting time or child support is at issue — those child support issues may not be referred to a hearing officer unless the Family Presiding Judge approves.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:6-3). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: summary hearingreturn daychild support hearing officerfailure to appear