| New Jersey State Profile |
|
| A. General/State-At-A-Glance |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
| State administered/State and County operated |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
| 21 county welfare agencies |
| A3. With what types of agencies do you have cooperative agreements? |
| Administrative Office of the Courts, Department of Labor, Division of Youth and Family Services. County Sheriff's Departments, County Departments of Law |
| A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? |
| No |
| A4.1. If yes, what is the statutory citation? |
N/A
For Additional Information - No Link Provided |
| A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
| No |
| A4.3. If yes, please explain. |
| |
| B. UIFSA |
 |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
| 3/5/1998 |
| B2. What is the effective date of your State's UIFSA? |
| 3/5/1998 |
| B3. What is the statutory citation for your State's Act? |
N.J.S.A. 2A:4-30 et seq
For Additional Information - http://www.njleg.state.nj.us/9899/Bills/PL98/2_.PDF |
| B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? |
| 1996 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
| N/A |
| B5. Optional comments regarding your State's UIFSA. |
| |
| C. Reciprocity |
|
|
| C1. With what foreign countries does your State reciprocate? |
| Australia, Austria, Bermuda, Canada (Alberta, Labrador, Manitoba, New Brunswick, Newfoundland, Northwest Territory, Nova Scotia, Ontario, Quebec, Saskatchewan, Yukon Territory), Czech Republic, Finland, France (Guadeloupe, French Polynesia, Martinique), Germany, Hungary, Ireland, Jamaica, Mexico, The Netherlands, Norway, Poland, Portugal, Slovak Republic, South Africa, Sweden, United Kingdom (England, Wales, Isle of Man, Northern Ireland, Scotland) |
| C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? |
| No. |
| C1.2. If yes, please explain. |
| |
| C2. Has your State established reciprocity with any Tribal courts? |
| No |
| C2.1. If yes, list the Tribes and identify services provided, if less than full services. |
| |
| D. Age of Majority |
|
|
| D1. What is the age of majority in your State? |
| The age of majority is 18 years old; however attaining this age does not automatically emancipate the child |
| D2. What is the statutory citation for the age of majority? |
NJSA 9:17B-3; See NJ Child Support Guidlines link Appendix IX-A, 24.25
For Additional Information - http://www.judiciary.state.nj.us/csguide/app9a.pdf |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
| There is no automatic termination of support at any age. Emancipation is determined by the court on a case by case basis |
| D4. Does the date of the order impact what law is applied? |
| No |
| D4.1. If yes, please explain. |
| |
| D5. Does child support end if the child leaves the household but does not emancipate? |
| No |
| D5.1. Optional comments regarding emancipation. |
| A motion must be filed with the court to emancipate the child for any reason. |
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
| Yes |
| D6.1. If yes, please explain. |
| If the child is handicapped or continuing education or any other reason as determined by the court. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
| No |
| D7.1. If yes, please describe the procedure. |
| Party must petition court for modification due to emancipation |
| E. Statute of Limitations |
|
|
| E1. What is your State's statute of limitations for collection of past due support? |
| None |
| E2. What is your State's statute of limitations for paternity establishment? |
5 years beyond the child's 18th birthday
For Additional Information - No Link Provided |
| E3. Is dormancy revival/renewal possible? |
| No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
| |
| F. Support Details |
|
|
| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? |
Shared income model
For Additional Information - No Link Provided |
| F2. Does your State charge interest on missed arrears? |
| No |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
| Yes |
| F3. Does your State charge interest on retroactive support? |
| No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
| |
| F4. Does your State charge interest on adjudicated arrears? |
| No |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
| For Additional Information - No Link Provided |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
| Yes |
| F5.1. If yes, under what circumstances? |
| If ordered by the court. |
| F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? |
| No |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
| |
| F6.2. What costs are recovered from/fees charged to the obligor? |
| N/A |
| F7. Does your State recover costs on behalf of the initiating State? |
| No |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
| The exception is genetic testing fees. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
N.J.S.A. 2A:4-30.68
For Additional Information - http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=137334&Depth=4&TD=WRAP&advquery=%222A%3a4-30.68%22&headingswithhits=on&infobase=statutes.nfo&rank=&record={F7
}&softpage=Doc_Frame_Pg42&wordsaroundhits=2&zz= |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
| Yes |
| F9.1. If yes, under what circumstances? |
| If ordered by the court. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
| Yes |
| F10.1. Optional comments regarding required information on spouse or partner. |
For calculating the guidelines and the other dependent deduction
|
| F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? |
| N/A |
| F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? |
| N/A |
| F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? |
| N/A |
| F11.3. Does your State collect the fee from the absent parent? |
| N/A |
| F11.4. Does your State pay the fee out of its own funds? |
| Yes. |
| F12. When will your State implement the required DRA limited-assignment provision? |
| October 1, 2009 |
| F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? |
| Yes. Pass Through will increase from $50 to $100 for Current Assistance cases regardless of the number of eligible children. Legislation was signed by the Governor on November 17, 2008 that authorizes the increased Pass Through effective 10/1/2008 as required by DRA. However, Implementation is delayed because of required changes to child support and TANF automated systems until early 2009. |
| F13.1. If yes, provide the date. |
| |
| F14. Will your State participate in the pass through in Former Assistance cases? |
| No plans at this time. Current Law only addresses Current Assistance cases. |
| F14.1. If yes, provide the date. |
|
| F15. Will your State discontinue eligible assignments under the DRA of 2005? |
| As of today, this has not been decided. |
| F15.1. If yes, list the eligible assignments your State would discontinue. |
| N/A To Be Determined. |
| F15.2. When will your State discontinue each type of assignment? |
| N/A To Be Determined. |
| F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? |
| Final determination has not been made as of this date. |
| F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? |
| |
| F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? |
| |
| F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? |
| |
| F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? |
| |
| G. Income Withholding |
|
|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
| Income withholding, wage withholding, wage execution |
| G2. What specific source of income is not subject to withholding? |
TANF, Food Stamps, General Assistance, Supplemental Security Income for the Aged, Blind, or Disabled, Veterans' Administration Disability payments
For Additional Information - http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?
clientID=30387636&Depth=4&TD=WRAP&advquery=
%222A%3a1756.9%22&headingswithhits=on&infobase=statutes.nfo&rank=
&record={572}&softpage=Doc_Frame_Pg42&wordsaroundhits=2&zz= |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
| No |
| G3.1. If yes, what are those limits? |
| |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
$1.00
For Additional Information - No Link Provided |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
| The first pay period that ends immediately after the date the notice was postmarked |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
| At the same time as the date of withholding |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
| Employer is liable for the accumulated amount that should have been withheld and a fine as determined by the court. The obligee may also commence legal action. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
| Determined by court |
| G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? |
| No |
| G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. |
| Requests must be submitted to the State IV-D Agency |
| G9.2. Optional comments regarding direct withholding of UI benefits across state lines. |
| |
| G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? |
| No |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
| |
| G11. How does an obligor contest income withholding in your State? |
| Obligor must notify probation division within 10 days; a hearing must be held within 20 of receipt of contest and a decision be made. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
| The payor shall withhold payment on a pro rata basis up to the limits of the CCPA |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? |
| No |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
The employer must contact the appropriate agency designated on the withholding notice.
For Additional Information - http://www.njchildsupport.org/Article.asp?AID=115 |
| G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
| Yes |
| G14. When does your state require the employer to send notice of an employee's termination? |
Requirements only apply if the terminated employee had an Income Withholding Order for child support, the termination should be reported to the agency that issued the Order.
For Additional Information - No Link Provided |
| G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
| Not specified |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
| No |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
No
For Additional Information - No Link Provided |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Employer, financial institution
For Additional Information - No Link Provided |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Child support first; then medical support as an arrears balance
For Additional Information - No Link Provided |
| H. Paternity |
|
|
| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
| Yes |
| H1.1. If yes, please explain. |
| If the complaint filed also requests that custody and visitation be considered the court will address the issue. |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
95%
For Additional Information - No Link Provided |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
NJSA 9:17-41, however was amended in 1998 to allow 60 days to rescind
For Additional Information - No Link Provided |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
| 06/20/1995 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
| No |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
| For Additional Information - No Link Provided |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
| Yes |
| H5.1. If yes, how is the presumption rebutted? |
A presumption may be rebutted by clear and convincing evidence as determined by the Court.
For Additional Information - No Link Provided |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
| No |
| H6.1. If no, briefly explain. |
Rebuttable presumption
For Additional Information - No Link Provided |
| H7. Does your State have any other paternity-related presumptions? |
| Yes |
| H7.1. If yes, briefly explain. |
If the parents are or have been married; if a marriage was attempted prior to the birth, but declared invalid; if a marriage was attempted after the birth, but declared invalid; if he openly holds the child to be his; if he provides support for the child; he acknowledges paternity in writing and files such with local registrar and is not disputed by the natural mother.
For Additional Information - No Link Provided |
| H8. Does your State have a putative fathers' registry? |
| No |
| H8.1. If yes, what is the name of that entity? |
| |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
| Yes |
| H9.1. If yes, please describe any circumstances under which these fees may be waived. |
For public assistance recipients, there is no application fee for child support services; however, if public assistance and child support services are terminated by the applicant/recipient, and the individual at some later time requests that services be reinstated, the CWA/CSU shall require that the individual file a IV-D application and pay the fee. Income withholding only cases shall be exempt from all application fees. (N.J.A.C 10:110-7.1)./ (N.J.A.C 10:110-7.1(a)1).
For Additional Information - No Link Provided |
| H10. Is common law marriage recognized in your State? |
| No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
| For Additional Information - No Link Provided |
| H10.2. When did your current common law standard go into effect? |
| |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
| N/A |
| H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
| A verified statement given under oath in another state is acceptable, as well as testimony by telephone, audiovisual means, or other electronic means. |
| H12. Please give the statutory citation for your State's long arm statute and list any special provisions. |
NJSA 2A:4-30.68-69
For Additional Information - http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=30387686&Depth=4&TD=
WRAP&advquery=%222A%3a4-30.68%22&headingswithhits=on&infobase=statutes.
nfo&rank=&record={F7}&softpage=Doc_Frame_Pg42&wordsaroundhits=2&zz= |
| H13. Does your State recover genetic testing costs for other States? |
| Yes |
| H13.1. If so, please explain. |
| If ordered by the court |
| H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
| If the parents are unmarried, the parents must have completed certificate of parentage (COP)or obtained a court order |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
| Date COP is signed by both parties |
| H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
| Send one set with separate paternity affidavits. |
| I. Support Order Establishment |
|
|
| I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? |
| State uses a judicial process. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
| Administrative process is not currently in use. |
| I1.2. Under what circumstances would the judicial process be used? |
| If paternity has not been determined before the initial support conference, the CWA/CSU follows judicial procedures to establish paternity. |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
| For Additional Information - No Link Provided |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Custodial parent's gross income/ assets; prior child support court orders; child care costs; special medical needs of the child; second family involvement
For Additional Information - No Link Provided |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
A written or specific finding on the record is required, stating that the amount is unjust or inappropriate.
For Additional Information - No Link Provided |
| I4. Will your State establish support orders for prior periods? |
| No |
| I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
| |
| I4.2. What information or documentation does your State require to proceed? |
| For Additional Information - No Link Provided |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
| No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
| |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
| For Additional Information - No Link Provided |
| I6. What is your State's statutory authority for the administrative process? |
For Additional Information - No Link Provided
|
| I7. Is there a local State law that allows an interstate administrative subpoena? |
No
For Additional Information - No Link Provided |
| I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
Yes
For Additional Information - No Link Provided |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
| Yes, temporary custody can be given and a support order entered |
| I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
| Yes |
| I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? |
| Modification |
| J. Support Enforcement |
|
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
| Both |
| J2. Is the lien process in your State judicial, administrative or both? |
| Both |
| J2.1. What are the trigger criteria for filing a lien? |
Any arrearage
For Additional Information - No Link Provided |
| J2.2. Where are your State liens filed? |
| State Superior Court Clerk's Office |
| J2.3. Does your State charge a fee for filing a lien? |
| Yes |
| J2.4. If yes, please indicate the amount. |
| $25 Judgments, $5 Writ |
| J.3. Does your State enforce property seizure and sale? |
| Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
| Available but rarely used |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
| Administrative |
| J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? |
| When account is levied |
| J4.2. Does your State's income withholding definition includes amounts in financial institutions? |
Yes
For Additional Information - No Link Provided |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
| Yes |
| J4.3.1 If yes, who notifies the NCP, the State or financial institution? |
| The state is required to notify the NCP, which we do. However, the financial institutions are not required to send notices, but many of them do. |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
| 5 working days after letter to financial institution |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
| Three months delinquency and no regular payments for 35 days. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
None
For Additional Information - No Link Provided |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
| Yes |
| J5.3. 1. If yes, please provide the time frame. |
| Three months in arrears and no payments for 35 days |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
| No |
| J5.4.1. If yes, please provide the percentage. |
| |
| J5.4.2. Is the percentage different for joint accounts? |
| No |
| J5.4.3. If yes, please define. |
| The full amount can be levied, but usually 50% is levied. |
| J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. |
| No |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
| State |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
30 days
For Additional Information - No Link Provided |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? |
| 45 days to forward challenge to the Appellate Court |
| J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? |
Mistaken identity, incorrect arrearage amount, court litigation, joint account, extreme hardship
For Additional Information - No Link Provided |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
| Administrative. Obligor has right to request a review based on mistake of fact or mistaken identity. Appeals received from an injured spouse will also be accepted. |
| J5.11. What are your State's penalties for incorrect seizures? |
| None |
| J5.12. Is the second challenge administrative, judicial or both? |
| Judicial |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
| 45 days from date of notice of contest resolution. No unique requirements. No recourse for non-debtor |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
| Centralized. Automated |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
| None |
| J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
| No |
| J5.16.1. If yes, what is the amount? |
| |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
| Yes |
| J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. |
State sends letter to financial institution to liquidate assets. If required by the financial institution, an order is also obtained through the probation department.
For Additional Information - No Link Provided |
| J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes
For Additional Information - http://lis.njleg.state.nj.us/cgi-bin/
om_isapi.dll?clientID=136632&Depth=2&depth=2&
expandheadings=on&headingswithhits=on&hitsperheading
=on&infobase=statutes.nfo&record={5D1}&softpage=Doc_Frame_PG42
|
| J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? |
40 days
For Additional Information - No Link Provided |
| J6. Does your State withhold State funds or benefits? |
| Yes |
| J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? |
| Unemployment benefits, workman's compensation, homestead rebate; administrative |
| J7. Please describe any other administrative enforcement procedures your State may have. |
| Passport, lottery, insurance liens |
| J8. Please describe any other judicial enforcement procedures your State may have. |
| Incarceration. License Revocation |
| J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
All child support arrears are liens or judgments by operation of law; interstate liens must be registered with the Judgment Section, Clerk, Superior Court of New Jersey, PO Box 971, Trenton, NJ 08625. To record another state's lien, the following documents are required: The federally approved Notice of Lien form; an affidavit with the names and mailing address of the creditor and debtor; a certified copy of the order making the past-due support a judgment or a certified copy of the underlying support order and a copy of the state statute making past-due support a judgment by operation of law. There is a $25 filing fee to record a foreign judgment. To verify that the lien has been recorded, a copy of the Notice of Lien and a stamped self-addressed envelop must be provided at filing, with a request to return a filed copy of the Notice of Lien to the filing party.
For Additional Information - No Link Provided |
| J10. Which of our State's enforcement remedies are available without registration? |
| Financial institution data match, administrative liens (AEI), CSLN |
| J11. Describe your State's registration and enforcement procedures. |
| The petition for registration and enforcement of existing order is received at the Interstate Central Registry, processed and forwarded to the appropriate vicinage. Notice is sent to the non-custodial parent, then case follows expedited process (consent, hearing officer recommendation, etc.) |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
| None. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
| Yes |
| J13.1. If yes, please provide the statutory citation. |
NJSA 2A:49-25 et.seq
For Additional Information - http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=30387806&Depth=2&depth=2
&expandheadings=on&headingswithhits=on&hitsperheading
=on&infobase=statutes.nfo&record={D7B}&softpage=Doc_Frame_PG42 |
| J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? |
| Yes |
| J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
| |
| J15. Does your State use credit bureau reporting as an enforcement method? |
|
| J15. Does your State use credit bureau reporting as an enforcement method? |
| Yes |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
| Experian, TransUnion, Equifax |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
| Both |
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
|
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
| Responding state |
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
|
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
| Any arrears greater than $1000 |
| K. Modification and Review/Adjustment |
|
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
| Every three years |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
| On request (Non-TANF) and every three years (TANF) |
| K3. Briefly describe your State's modification procedure. |
| On request or every three years, county welfare agencies advise both parties that a review will be conducted. An attempt is made to reach a consent agreement; if consent is not reached, a formal motion is filed with the court. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
| 20% change in existing order |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
| Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
| Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
| Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. |
| Yes |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
| Yes |
| K5.6. There has been a substantial change in child care expenses. |
| Yes |
| K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? |
| It is no longer required to demonstrate a change in circumstances to modify an order under the three-year review process. |
| K6. Does your State have cost of living adjustments (COLAs)? |
| Yes |
| K6.1. If so, what index does your State use? |
| CPI for the metropolitan statistical areas that encompass New Jersey |
| K7. How does your State credit SSA disability to current and past due support? |
| It is based upon a means/non-means test; these payments are meant to replace the lost earnings of the parent and are paid in addition to the worker's or member's benefits. See NJ Child Support Guidlines Appendix IX-A,10(c) |
| K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. |
| Yes |
| K8.1. If yes, please explain the situation? |
| Party must petition the court for abatement unless specified in the order; i.e., children stay with obligor for the summer. |
| K8.2. What is the statutory citation for your abatement law? |
See link NJ Judiciary Court Rules APPENDIX IX-A 13(3).c
For Additional Information - http://www.judiciary.state.nj.us/appnewx/appendix-ix-a.htm |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
| For TANF services, Medicaid services and Federally Assisted Foster Care referrals the following documents may be required: pay records (income), documents of identity (i.e. certificate of paternity and birth records), residency, immigration status, child care expenses, medical expenses, shelter expenses. |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
| To obtain a COP send written request to Paternity Opportunity Program Office, 1102 Quakerbridge Plaza, Hamilton NJ 08619 (phone 1-800-POP-6607. To get a birth certificate, contact the local registrar where child was born: www.state.nj.us/health/vital/regbycnty.shtml |
| K9. What information is required to register an out-of-State order for enforcement/modification? |
| For Enforcement and Modification: Child Support Enforcement Transmittal #1, Registration Statement, Copy of current order, Uniform Support Petition, General Testimony, arrears calculation/ payment record are mandatory. Copies of prior orders are recommended. |
| L. Lump Sum Payments |
|
|
| L1. Does your State define a lump sum payment? |
| No |
| L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
| |
| L1.2 Provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
| L2. Does your State law require employers to report lump sum payments? |
| No |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
| For Additional Information - No Link Provided
|
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
| No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
| N/A |
| L4. How are employers instructed to report a pending lump sum? |
| In New Jersey, employers are not required to report the lump sum. |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
| N/A |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
| N/A |
| L7. Does your State use the income withholding order to attach the lump sum payment? |
| Yes |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
| Original order |
| L8. Does your State use the lien/levy process to attach the lump sum payment? |
| Yes |
| L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? |
| Notice of Lien; CSLN |
| L9. What other documents does your State use to attach lump sum payments? |
| N/A |
| L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
| No |
| L10.1 If yes, what are those limits? |
Not required, but limits are applied on a case by case basis
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
| N/A |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
| Yes |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
| Yes |
| M. Insurance Match |
|
|
| M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. |
| For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf |
| M1.1. Additional information on the CCPA. |
| For Additional Information - No Link Provided |
| M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
| No |
| M2.1. If yes, provide the statutory citation |
No. However, N.J.S.A. 2A:17-56.23b requires that the beneficiaries attorney, or the insurance company, conduct a judgment search in order to determine whether the beneficiary is a child support debtor and, if so, to contact the court to settle the child support obligation prior to distribution of the settlement.
For Additional Information - No Link Provided |
| M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. |
| See above. |
| M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. |
| Yes |
| M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? |
| Although most of our matches come from the CSLN consortium, we occasionally receive calls directly from insurance companies that have conducted a title search as described above. |
| M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. |
| Yes. |
| M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). |
| $41 per match. If a match is outdated, medical only, etc., we do receive a credit. |
| M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). |
| Notice to Withhold Insurance Assets, and Notice to Obligor of Withholding of Insurance Assets. |
| M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. |
No. However, NJSA 2A:17-56.23b requires that we can only intercept if the net proceeds payable to the beneficiary are in excess of $2000, after payment of attorney fees, witness fees, court costs, etc. .
For Additional Information - No Link Provided |
| M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? |
| See above. |
| M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
The case must be a qualified IV-D case, and there must be a child support arrearage owed equal to, or more than, $1,000.
For Additional Information - No Link Provided |
| M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? |
| No. |
| M3.1. Please provide the statutory citation. |
| For Additional Information - No Link Provided |
| M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). |
| No. |
| M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? |
| The child support enforcement agency is required to mail a Notice to Obligor of withholding insurance Assets. |
| M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. |
The central child support agency routinely sends a notice to the NCP.
For Additional Information - No Link Provided |
| M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. |
NJSA 2A:17-56.23b stipulates that the attorney or insurance company must notify the prevailing party of the intent to satisfy the child support judgment prior to the disbursement of any funds.
For Additional Information - No Link Provided |
| M6. Are there attorney fees associated with the insurance intercept activity? |
| Yes. |
| M7. How does another State initiate and intercept collections from your State Workers Compensation agency? |
| N.J.S.A. 2A:17-56.53g(1) |
| M7.1. What is the process, the points of contact, and what forms must be completed? |
| We do not have an interface however the workers compensation courts search our child support system on a case by case basis to identity delinquent obligors. |
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